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PARLIAMENTARY LAW, 



OR, 



RULES OF ORDER 



Deliberative Assemblies. 



ELIJAH M. HAIXES, 



Ex-Speaker of the House of Representatives of the Illinois 
General Assembly. 




CHICAGi 
The Legal Adviser Publ 
1885, 






Copyright of 
ELIJAH M. HAINES. 

18S4. 



PREFACE. 



There is no subject to which we have occasion 
to resort so much, that is apparently so little 
understood, as the rules of Parliamentary law. 
Deliberative assemblies, wherein the application 
of these rules are required, are a matter of daily 
occurrence in the country everywhere, not only 
in official bodies, such as legislative assemblies 
and city and town councils in municipal corpo- 
rations, but in public meetings of the people, 
church meetings, meetings of societies, and the 
like ; and yet it is doubtful if one in ten of the 
persons who are called upon to preside at such 
meetings, have ever given the subject of Par- 
liamentary law, or rules of order, that apply on 
such occasions, a moment's investigation through 
what has been written and published on the 
subject. Whatever knowledge they possess, if 
any, concerning these rules, they have derived 
from observation while present or in partici- 
pating in the proceedings of such assemblies. 

But the knowledge and experience of a presid- 
ing officer in this regard is comparatively of little 
avail, where there is an absence of knowledge 
on the subject among those who compose the 
assembly. 



It is not an uncommon thing in a legislative 
assembly to hear complaints among members of 
the erroneous or "arbitrary ruling" of the pre- 
siding officer. As a general thing, it will be 
found that such complaints come from those 
members least acquainted with the rules of 
parliamentary law. Indeed, a good parliamen- 
tarian is not apt to indulge in anything of the 
kind. He knows that under these rules the 
presiding officer is constantly subject to the con- 
trol of the assembly, and that he can make no 
ruling but what it is at once subject to review 
and correction if erroneous, on appeal to the 
assembly. 

Where a member is heard urging his griev- 
ances on account of some "arbitrary ruling" of 
the presiding officer, one of two things may be 
set down as true; either that the member is 
ignorant of the rules of parliamentary law, or 
else he has not the ability to avail himself 
of the remedy which these rules afford him. 
In general the former reason will be found to 
be the more correct one to be assigned in his 
case. 

A member may with some propriety complain 
of the unjust decision of the assembly itself, 
when appealed to for its decision, because this 
is final and binding on all ; but the ruling of the 
presiding officer is merely temporary and sub- 
ject to immediate reversal by the assembly 



itself. It is true, the assembly may make spe- 
cial rules whereby much power may be vested 
in the presiding officer ; but in the absence of 
such rules the presiding officer, as before sug- 
gested, possesses little or no power whatever ; 
certainly none whereby the rights of members 
can be in the least prejudiced by the ruling of 
the presiding officer, for the remedy by appeal 
is at hand. 

The following pages have been prepared as 
the result of much investigation into the sub- 
ject embraced, as well as considerable experience 
as a member of legislative assemblies, including 
that of presiding officer. The aim has been, 
especially in presenting those rules which are 
of most common occurrence and most impor- 
tant in proceedings in deliberative assemblies, 
to state the same in as brief and concise form as 
possible, divested of unnecessary verbiage or 
lengthy illustrations, so that the gist of the rule 
may be more easily retained in the mind. Every 
person who desires to become proficient in par- 
liamentary practice, should commit to memory 
all the most important rules, or those of most 
common occurrence, especially those which re- 
late to the different kinds of motions, their 
classification and the order in which they stand. 

In England this subject has received the at- 
tention of many writers of much experience 
concerning it, dating from an early period. In 



this country, the first to give the subject of par- 
liamentary law attention w.ns Thomas Jefferson, 
who had been Vice President, and presiding 
officer of the United States Senate, and for a 
long time Jefferson's manual of parliamentary 
law and practice was the only book on that sub- 
ject in use in this country, which was generally 
adopted in legislative assemblies as the staDdard 
of authority. After which Mr. Cushing's ex- 
cellent manual appeared, which in a great meas- 
ure superceded that of Mr. Jefferson. At this 
day there are several works on the subject in 
use in this country, claiming public favor, so 
that books on parliamentary law are everywhere 
at hand ; from which it would seem that there 
is no excuse for this general want of knowledge 
on this important subject, which is admitted to 

ELIJAH M. HAINES. 

Chicago, January 1, 18&4. 



CONTENTS. 



PAGE. 

British Parliament 11 

Origin and Uses of Parliamentary Law 21 

Deliberative Assemblies 22 

The Presiding Officer 27 

The Recording Officer 31 

Public Meetings 33 

Organization of Public Meetings 35 

Manner of Presenting Business 41 

Motions and Manner of Proceeding 42 

Motions in General 47 

The Previous Question 48 

Indefinite Postponement 50 

Motion to Postpone or Lay on the Table 50 

Motion to Commit 52 

Motion to Amend 53 

1. Filling Blanks 53 

2. Striking Out 55 

3. Amendment by Inserting 55 

4. Striking Out and Inserting 56 

5. Division of Proposition 56 

6. Amendment to an Amendment 59 

The Order and Succession of Questions 59 

1. Privileged Questions." 60 

2. Incidental Questions 61 

3. Subsidiary Questions 62 



page. 

Of Reconderation 65 

Of Committees 68 

Committee of the Whole 73 

Appeals 82 

Of Debate 83 

Questions Not Debatable 92 

"Casting Vote" 95 

"Enacting Clause" 96 

Use of the Gavel 101 

Deportment of Members 106 

Peculiarities of Legislation in Parliament 110 

Language of Parliamentary Law 112 

Parliamentary Law in Secret Societies 115 

Summary of General Rules 121 

Index 155 



BRITISH PARLIAMENT. 



It is remarked in the following pages of 
this book that parliamentary law is so 
called from the rules of order existing 
from long established usage in the parlia- 
ment of England. 

In this connection a brief history of this 
parliament, it is believed, would be of prac- 
tical benefit. It seems that this body 
originally consisted of that branch of par- 
liament at the present day known as the 
House of Lords or Peers, meaning the 
same thing, and at this day the House of 
Lords is the second of the three bodies 
which together are said to compose the 
British legislature, viz: King or Queen, 
Lords and Commons. 

The origin of the House of Lords, which 
is the origin of the British parliament, is 
involved in obscurity, and is a body which 
must be regarded as the natural develop- 



12 Parliamentary Law. 

ment of the state of things existing under 
the Feudal System, when the king ranked 
as the first among his peers or equals, 
namely, the nobles who held their lands of 
the crown by the tenure of military ser- 
vice. It was the tenure of certain lands 
which constituted a Noble of the Realm 
in the centuries immediately succeeding 
the Norman Conquest. The House of 
Lords, however, is of even older date than 
this, and has been traced by antiquarians 
and historians to the very earliest founda- 
tions of the British constitution, which 
were laid in the old Saxon times. 

It is, in fact, the great council of the 
early English chroniclers. It is clear from 
the historical records of those countries 
that under the Saxon kirigs, the Thanes or 
Nobles, together with the bishops, were 
the chief advisers of the king, constituting 
a body not unlike the privy council of the 
present day. To these in succeeding cen- 
turies as the wealth, education and intel- 
ligence of the nation increased, were added 
the representatives of the counties, cities 
and boroughs of England; and it was not 



British Parliament. 



until about the reign of Edward I, that 
the latter body seems to have become a 
distinct assembly, and to have been termed 
the House of Commons, or the Lower 
House of Parliament. Some historians, 
indeed, as Elsynge, assert that " the Com- 
mons ever held a place for the consultation 
apart from the Lords; " but this statement 
is distinctly denied by Sir Edward Coke, 
who states that he had seen a record, dated 
in the 30th year of King Henry II, A. D. 
1130, of their degrees and seats as one 
body, and affirms that the separation took 
place at the desire of the Commons. 

From that time to the present day, it 
seems, no very material change has taken 
place in the constitution of the Upper 
House of Parliament, otherwise known as 
the House of Lords. Since the House of 
Lords, in conjunction with the sovereign 
and the House of Commons, composes the 
supreme legislative body of Great Britain, 
the consent of each of these three bodies 
is required in order to give to any resolu- 
tion the force of law. The voice of the 
majority in either house binds the whole. 



14 Parliamentary Law. 

In addition, however, to its legislative 
functions, the House of Lords possesses 
judicial authority in virtue of which it 
exercises the ultimate jurisdiction in 
matters of appeal from the supreme courts 
of Great Britain and Ireland. It also has 
the privilege of trying criminal cases on 
impeachment by the House of Commons, 
and also its own members on indictments 
found against them by the grand jury. In 
the discharge of these duties the house has 
the power of requiring the attendance of 
the judges and the law officers of the 
crown to assist its decisions with their 
legal counsel. It is right here to notice a 
few points in which the House of Lords 
differs from the Lower House of Parlia- 
ment. The Lord Chancellor for the time 
being sits in the Upper House as speaker. 
When the sovereign goes to open, prorogue 
or dissolve parliament, he takes his seat 
upon the royal throne, and the Commons 
are summoned into his presence, there to 
receive the communication of his royal 
will and pleasure. All bills which in any 
way affect the dignities of the peerage 



British Parliament. 15 

must originate in the upper house. Each 
member of the House of Lords has the 
right of voting by proxy upon all measures 
except in committee; the bearer of the 
proxy being, of course, some other member 
of the house. Peers have also the privi- 
lege of entering upon the journals of the 
house their dissent from any measure 
which nas received the sanction of the 
majority, together with their reasons for 
dissenting. This is called their protest. 

The House of Lords is frequently divided 
into the Spiritual and Temporal Peers; 
the latter being again distinguished accord- 
ing to their rank by the titles of Duke, 
Marquis, Earl, Viscount and Baron. Of 
the Spiritual Peers, Archbishops take pre- 
cedence of ail Dukes except those of the 
Blood Royal; wmile Bishops rank next 
above Barons. The military titles of 
Duke {Dux) and Ma: quis (Marchio, March- 
grave or Margrave, as the governors of 
marches or frontier provinces were termed,) 
are derived from the dignities which 
existed many centuries ago in the Western 
Empire; w T hile those of Earl (Eorl or 



16 Parliamentary Law. 

Ealderman) and Baron are of genuine Saxon 
origin. The former of these has been 
identified with the Count ( Gomes) of West- 
ern Europe. 

The title of Viscount, which originally 
signified the Count's deputy, was first made 
a degree of honor in the reign of Henry 
VI. 

The peerage of Great Britain and Ire- 
land admits also of the following classifi- 
cation: 1st. Peers of England; i.e., those 
whose titles bear date anterior to the union 
with Scotland in 1707. 2nd. Peers of Scot- 
land; i e., those enjoying the peerage in 
that country before its union with England 
3rd. Peers of Ireland; i. e., created before 
the union in the year 1800. 4th. Paers of 
Great Britain; i. e., those created between 
the years 1707 and 1800. 5th. Peers of 
the United Kingdom; i. e., those created 
since the union of the three kingdoms. 
And 6th, those of the Episcopal Bench, 
consisting of the two Archbishops and 
twenty-four English and Welsh Bishops, 
and one Archbishop and three Bishops of 
Ireland in annual rotation. Previous to 



British Parliament. 17 

the Beforrnation, the Spiritual Peers con- 
sisted of two Priors and twenty-seven 
Abbots, in addition to the bishops who at 
that time considerably outnumbered the 
Temporal Peers. 

The Spiritual Peers consist of all 
English and Welsh Bishops with the ex- 
ception of the junior bishop for the time 
being. The bishops of London and Dur- 
ham, by virtue of a statute passed 3L 
Henry VIII and the Bishop of Winchester 
as Prelate of the Order of the Garter, 
rank before all other bishops. The Bishop 
of Meath takes precedence of the other. 
Irish bishops, who follow in the order of 
their consecration. 

The Bishop of Sodor and Man ranks 
next, and has a seat, but no vote, in the 
Upper House. In the House of Lords all 
Peers of England have seats and votes; so 
have those of Great Britain and the 
United Kingdom, though the locality from 
which their title is taken may be either 
Irish or Scotch. It also frequently hap- 
pens that Peers of England or of the 
United Kingdoms hold a superior rank in 
2 



18 Parliamentary Law. 

the Peerages of Scotland or Ireland; in 
which case, though popularly known by 
the higher dignity, they still sit and vote 
in the house by their inferior rank. The 
Peers of Scotland and Ireland have a place 
in the house only for their representatives, 
of which Ireland sends twenty-eight and 
Scotland sixteen. The Scotch representa- 
tive peers are chosen with every new par- 
liament; the Irish representative peers are 
elected for life. Peers of Scotland are no 
longer created; but on the extinction of 
three Irish peerages, the Queen has the 
power to create a new one, which is to 
rank among the English titles according to 
the date of its creation. 

By the act of union no peer enjoying a 
British dignity can be elected a representa- 
tive peer for Ireland; but in the case of a 
representative peer being elevated to that 
of the United Kingdom, no vacancy is 
caused thereby. Scotch peers take pre- 
cedence of British peers of the same rank 
created since the union with Scotland; and 
Irish Peers created before the union with 
Ireland in like manner take precedence of 



British Parliament. 19 

British peers created since. Irish peers of 
later creation than the union rank accord- 
ing to the dates of the patent among the 
peers of the United Kingdom of Great 
Britain and Ireland. 

It should be observed that the House of 
Peers, properly speaking, consists only of 
such members of peerage as otherwise 
having a right to sit in the house, are 
neither minors nor insane.* 

* Wal ford's Peerage, 1864. 



PARLIAMENTARY LAW. 



Origin and Uses of Parliamen- 
tary Law. 

Parliamentary Law consists of rules 
which are recognized as governing proceed- 
ings in deliberative assemblies. It is so 
called from the rules of order existing from 
long established usage in the Parliament of 
England. The Legislative Assemblies of 
the several States, and the legislative branch 
of the general government of the United 
States, being formed upon the principle of 
the English Parliament, have adopted the 
like rules for their government, and by 
general custom in this country, these rules 
are recognized in all deliberative assem- 
blies. Legislative assemblies, however, 
for the purpose of certainty, generally 
adopt by express vote, the rules of parlia- 
mentary law, as expounded by some par- 



22 Parliamentary Law. 

ticular writer on the subject, qualified or 
changed, as circumstances may demand, 
by various prescribed rules of their own. 



Deliberative Assemblies. 

A deliberative assembly is a congrega- 
tion or convention of persons for the con- 
sideration of matters in which all are con- 
cerned. The word assembly, in this con- 
nection, is of itself suggestive of a meeting 
or congregation of persons considerable in 
numbers. Where but a few persons come 
together for any given purpose, their meet- 
ing is not strictly in the nature of things a 
deliberative assembly. The same rules 
would not necessarily be required in con- 
ducting proceedings in the latter case that 
would be demanded in a deliberative as- 
sembly or meeting composed of a large 
number of persons. For instance, a 
small number of persons, constituting in 
the nature of their undertaking a mere 
executive board, would require but a simple 
code of rules for their government and 



Deliberative Assemblies. 23 

action, which would in the order of things 
scarcely partake of the nature of those 
established rules of Parliamentary law, 
which experience has found necessary to 
be adopted for the government of larger 
bodies. 

So that wherever there is a deliberative 
assembly convened, or a meeting of per- 
sons constituted of numbers sufficient to 
be deemed a deliberative assembly, the 
general rules of parliamentary law are 
applicable at once, as a matter of course, 
whereby to govern its conduct and regulate 
its proceedings. These assemblies may be : 
first, an assemblage of the people them- 
selves; or second, a meeting of a limited 
or select number of citizens or persons act- 
ing in their own behalf. 

The former would be a mass meeting of 
the people without distinction. The latter 
would be a meeting of citizens of a ward 
or district, or the members of some par- 
ticular society or the like. 

On the subject of the importance of 
rules for the government of deliberative 
assemblies, Mr. Jefferson, in his excellent 



24 Parliamentary Law. 

manual of Parliamentary practice, refers 
to the remark of Mr. Onslow, whom he 
styles the ablest among the Speakers of the 
House of Commons, that " It was a maxim 
he had often heard when he was a young 
man, from old and experienced members, 
that nothing tended more to throw power 
into the hands of administration and those 
who acted with the majority of the House 
of Commons, than a neglect of, or depar- 
ture from, the rules of proceeding; that 
these forms, as instituted by our ancestors, 
operated as a check and control on the 
actions of the majority; and that they were 
in many instances a shelter and protection 
to the minority against the attempts of 
power." 

So far, says Mr. Jefferson, the maxim 
is certainly true, and is founded in good 
sense, and he further remarks, citing from 
Mr. Hatsell, an English writer of distinc- 
tion on parliamentary law and practice, 
that it is always in the power of the major- 
ity, by their numbers, to stop any improper 
measures proposed on the part of their 
opponents; the only weapons by which the 



Delibeeative Assemblies. 



minority can defend themselves against 
similar attempts from those in power, are 
the forms and rules of proceeding which 
have been adopted as they were found 
necessary from time to time and are be- 
come the law of the house; by a strict 
adherence to which the weaker party can 
ODly be protected from those irregularities 
and abuses which these forms were in- 
tended to check, and which the wantonness 
of power is but too often apt to suggest to 
large and successful majorities. And 
whether these forms be in all cases the 
most rational or not, is really not of so 
great importance. It is much more mate- 
rial that there should be a rule to go by, 
than what that rule is; that there may be 
a uniformity of proceeding in business 
not subject to the caprice of the Speaker, 
or captiousness of the members. It is 
very material that order, decency and regu- 
larity be preserved in a dignified public 
body. 

"We are told by lawyers that courts or 
judicial tribunals under our system are 
marked by three constituent parts, the 



26 Parliamentary Law. 

actor, reus and judex* So there are certain 
essentials which mark or are necessary in 
every deliberative assembly. In all such 
bodies there must be a chairman or pre- 
siding officer, and a secretary or recording 
officer. Other officers may be added as 
may be deemed necessary or the occasion 
may demand. The organization of a de- 
liberative assembly consists in the election 
of officers. It cannot be said to be organ- 
ized until officers are chosen and installed 
to assist in conducting its proceedings. 

Thus the officers of a deliberative as- 
sembly may be classified under two differ- 
ent heads or departments, the executive 
to which the presiding officer belongs, and 
the recording department to which the 
clerk or secretary is assigned. In addition 
to the presiding officer in that department 
there may be one or more vice-presidents, 
a sergeant-at-arms or door-keeper, and 
other officers and assistants as may be 
deemed necessary, and there may be such 
assistant clerks and secretaries under that 
department as may be deemed necessary. 

* 3 Blackstone's Commentaries, 25. 



The Presiding Officer. 27 



The Presiding Officer. 

The general duties of the presiding 
officer of a deliberative assembly in the 
absence of any rule of the assembly to the 
contrary may be summed up as follows : 

To open the sessions or sittings of the 
assembly at the time to which it adjourned 
by taking the chair and calling the mem- 
bers to order promptly at the time fixed. 

To announce the business before the 
assembly in the order in which it is to be 
acted upon. 

To receive and submit in the proper man- 
ner all motions and propositions offered 
by individual members. 

To put to vote all questions which are 
regularly moved or necessarily arise in the 
course of the proceedings and to announce 
the result. 

To name which of two or more mem- 
bers who arise at the same time are en- 
titled to address the chair in debate or for 
purposes of a motion. 

To restrain the members when engaged 
in debate within the rules of order and to 



2ti Parliamentary Law. 

enforce the observance of order among the 
members to the extent of his authority.* 

To receive all messages and other com- 
munications and announce the same to the 
assembly. 

To authenticate by his signature when 
necessary all the acts, orders and proceed 
ings of the assembly. 

To inform the assembly or express his 
opinion when necessary or when referred to 
for the purpose on a point of order or prac- 
tice, which may be brought in question 

* There is nothing in the rules of parliamentary law 
giving the presiding officer of a deliberative assembly 
any power or authority over the conduct of the members 
in violating the rules of order beyond that of calling 
attention to the fact that the rules have been disregarded 
and request that they keep within the rules. If members 
disregard this request, the most the presiding officer 
can do in the absence of some fixed rule of the assembly 
on the subject is to call the attention of the assembly to 
the conduct complained of and ask what action is desired 
to be taken. 

If the assembly itself declines to interfere, the pre- 
siding officer is powerless further in the matter, so far as 
the naked rules of parliamentary law are concerned. It 
has been customary for presiding officers to command 
members for alleged breach of order in debate to resume 
t eir seats. The presiding officer has no power to en- 
force such command unless specially given him by the 
rules of the assembly. 



The Presiding Ofeicee. 29 

To name the members who are to serve 
on committees of the assembly, when not 
otherwise provided by special rule; and 
in general — 

To represent and stand for the assembly. 

When the presiding officer desires or is- 
called upon to read anything for the in- 
formation of the assembly, or states a 
motion, he may do so while sitting, but he 
should rise to put a motion to vote. 

In conducting proceedings in delibera- 
tive assemblies, much depends upon the 
presiding officer. The despatch of busi- 
ness depends upon the readiness with 
which he discharges his duties. Business 
will be delayed in proportion to his want 
of promptness in this regard. As soon as 
a motion or proposition is offered he 
should proceed at once without hesitation 
or delay and state it to the assembly in a 
full and clear voice. If no one rises to 
speak to it, he should proceed just as 
promptly to put the motion. He should 
bear in mind that it is no part of his duty 
to invite debate. 

The presiding officer of a deliberative 



30 Parliamentary Law. 

assembly is styled President or Chairman, 
according to circumstances. There are 
some religious denominations who in their 
church meetings in the transaction of busi- 
ness style their presiding officer Moderator. 
From this latter instance is borrowed the 
style of the presiding officer at town 
meetings under the New England system. 
In the House of Representatives in 
Congress, and in the popular branch of the 
legislative assemblies of the several States 
of the CInion, the presiding officer is styled 
Speaker* 

* The title Speaker is borrowed from that given to 
the presiding officer of the House of Commons in the 
British Parliament, having its origin many centuries ago 
in the obscure past. When the Barons and Burgesses of 
the Realm, otherwise called the Commons, were sum- 
moned to parliament, they chose one of their number to 
be their Speaker, whose duty it was to hear their requests 
«.nd go before the King and speak for them and in their 
behalf concerning what they desired. In the reign of 
Queen Elizabeth, Sir Edward Coke was chosen Speaker of 
ihe Commons. In closing his speech to the Queen he 
said, "I am to make your majesty three petitions in the 
name of the Commons." Here follow the petitions. See 
Gurdon's Hist, of Parliament. 

Whenever the King desired to communicate anything 
to the Commons, the custom was to summon their Speaker 
before him and make the same known to him, who there- 
upon conveyed it to the Commons. — Ibid. 



The Becording Officer. 31 



The Recording Officer. 

The recording officer of the assembly is 
usually elected by the members in the same 
manner as the president or presiding offi- 
cer. He is usually styled Secretary or Clerk 
as the assembly may deem most proper. 
In large or important bodies he is usually 
styled Secretary. 

It is the duty of the recording officer to 
make a true entry of the proceedings of the 
assembly. But this does not include the 
speeches of members. But it includes 
everything voted or ordered by the assem- 
bly, either by express vote or general con- 
sent, which is in general to the same effect 
as an express vote. 

It is in general the duty of the Secrer 
tary or recording officer to read all papers 
coming before the assembly for its infor- 
mation. When a member in debate or 
other occasion desires the reading of a 
paper for information of the assembly, he 
should send it to the Secretary for that 
purpose. It can be read by a member 
only on leave or general consent of the 



32 Parliamentary Law. 

assembly, which in practice is consid- 
ered as granted, when no objection is 
made. 

It is the duty of the Secretary to call the 
roll of the assembly, whenever a call is or- 
dered, and take a note of those who are 
absent, and to call the names of members 
when a question is taken by yeas and nays 
and note the answers of members. To 
notify committees of their appointment 
and inform them as to the matters referred 
to them, and to authenticate in connection 
with the President all acts and proceed- 
ings of the assembly. 

The Secretary is charged with the cus- 
tody of all papers and documents of the 
assembly, and the journals or minutes of 
its proceedings. 

It being the duty of the presiding officer 
to announce the result of every vote or ac- 
tion of the assembly, the Secretary is ex- 
pected to be guided thereby in recording 
its proceedings. 

To this extent the Secretary is under the 
control and direction of the presiding offi- 
cer in discharging this branch of his duties 



Public Meetings. 33 

subject to revision or correction by vote of 
the assembly. 

The Secretary should stand while read- 
ing papers or calling the assembly or while 
engaged in like duties. 



Public Meetings. 

In many of the States of the Union, 
counties are divided into districts, styled 
towns or townships, the inhabitants there- 
of becoming bodies corporate. In towns 
under the system called township organi- 
zations, as existing in the New England 
States, and some of the Northern and 
Western States, the law provides for 
stated meetings of the electors, called town 
meetings, for the consideration of town af- 
fairs. In the absence of any provision to 
the contrary these assemblies conduct their 
proceedings according to the rules of par- 
liamentary law. 

In many of the States, as in New York, 
Michigan, Illinois and "Wisconsin, there 
exists a county board for the management 
3 



34 Parliamentary Law. 

and control of county affairs, called Board 
of Sujiervisors, which is composed of repre- 
sentatives or delegates from each of the 
several towns of the county. These boards 
thus formed are deliberative assemblies, 
and as such their proceedings are subject 
to the rules of parliamentary law the same 
as other like assemblies. And the same is 
true of City and Town Councils in the 
various cities and towns of the country. 

Societies and secret orders, as Free 
Masons, Odd Fellows, charitable and liter- 
ary societies, and the like, being in their 
nature deliberative assemblies, their - pro- 
ceedings are in general conducted under 
the rules of parliamentary law. 

Public meetings by voluntary assent are 
of daily occurrence. These meetings are 
sometimes convened at the instance of 
committees appointed for that purpose; 
and are frequently convened at the request 
of citizens who desire such meeting, on 
public notice, either by hand-bill notices 
posted, or by notice in a newspaper. 



Organization of Public Meetings. 35 



Organization of Public Meetings. 

The first business at a public meeting is 
its organization. This is effected by choos- 
ing a presiding officer to keep order, and 
a Secretary to record the proceedings of 
the meeting, after which it is competent 
for the meeting to choose such other offi- 
cers as may be deemed necessary. In case 
the meeting is composed of a very large 
number of persons, the presiding officer is 
called President; if not he is usually styled 
Chairman of the meeting. 

When the people have assembled, and 
the hour of meeting arrives, the meeting 
should be called to order. In case the 
meeting has been convened at the instance 
of a committee, the Chairman or person 
first named on the committee should call 
the meeting to order. In case it was con- 
vened at the instance of citizens, the first 
named on the list should assume this duty, 
otherwise, the proper person for this pur- 
pose would be the Mayor of the city, or 
principal public officer, or most prominent 
person present. 



36 Parliamentary Law. 

The person calling the meeting to order 
should take such position in the room as 
to command the attention of the audience, 
and announce as follows: "Gentlemen, 
the hour at which this meeting is to con- 
vene having arrived, it is proposed that we 
proceed to organize; I therefore nominate 
Mr. A. B. as chairman." The nomination 
being seconded, he proceeds: "Gentle- 
men, those who are in favor of such nom- 
ination, will say 'aye'; those opposed will 
say 'no.'" The vote being taken, if car- 
ried in the affirmative, he will say, "It is 
carried in the affirmative, " or " it is agreed 
to; Mr. A. B. is chosen chairman of this 
meeting; will he please come forward and 
take the chair ?" 

If the meeting is deemed one of import- 
ance so that the position of Chairman 
would be deemed one of considerable 
honor, it is customary for the presiding 
officer to return thanks to the meeting for 
the honor conferred; this he will do on 
taking the chair.* 

* An example of brevity in a speech of this kind 
is found in the following address of Newton Cloud on 



Oeganizatiox of Public Meetings. 37 

As every deliberative body should have 
a Secretary before the meeting can be con- 
sidered fully organized, the Chairman will 
say, " Gentlemen, the first business in order 
will be the election of a Secretary." If no 
other person moves, the person who called 
the meeting to order should also nominate 
a Secretary; but any person present may 
make such nomination. 

The Secretary being chosen, the further 
business will be directed by the meeting- 
If the meeting is called for some particu- 
lar purpose, it is proper in selecting a 

being chosen President of the Constitutional Convention 
of Illinois in 1S47 : 

Gentlemen of the Convention: It is but proper on enter- 
ing upon the duty assigned by the choice just made, that 
I should return you my most sincere thanks for the honor 
you have conferred. I enter upon the discharge of the 
duties of President of this convention with much embar- 
rassment, for I feel that I have a difficult and important 
duty assigned me. I can only promise that my best 
efforts shall be made to discharge that duty faithfully 
and impartially, and that all the little ability I possess 
shall be devoted to the despatch and furtherence of the 
public business. I will not allude, however remotely, to 
the great subjects upon which we have been called to act, 
but will conclude by returning you again my sincere 
thanks for the honor you have conferred on me. 



3H Parliamentary Law. 

Chairman to choose some person best 
acquainted with the object of the meet- 
ing; if this is the case, the Chairman should 
proceed after the election of Secretary and 
state the object of the meeting. If not, 
he should say, " The chair is not fully ad- 
vised as to the object of this meeting. It 
will be proper that the object of the meet- 
ing be stated by some person to whom it 
is best known." It will be generally under- 
stood who this person is, and a motion 
may be made calling on him for that pur- 
pose, or he may be called out by several 
voices. 

It will be proper for the meeting to 
choose one or more Vice-Presidents, and 
one or more Assistant Secretaries. This is 
done where the meeting is large — generally 
as a means of manifesting the importance 
of the occasion. They will also choose^ 
such committees as may be deemed neces- 
sary. 

When an assembly is composed of dele- 
gates chosen' by and representing others, 
the organization is, in the first instance, 
considered temporary, upon which meas- 



Organization of Public Meetings. 39 

ures are taken to ascertain who are mem- 
bers; this is usually done by the appoint- 
ment of a committee to examine the cre- 
dentials of those claiming to be members, 
and to report accordingly. 

Until this is done there is a presumption 
that all present who assume to take part 
in the assembly are entitled to do so, as it is 
supposed that no gentleman would be guilty 
of imposition in this respect. At the time 
of appointing the committee on credentials, 
it is customary also to appoint a committee 
to report the names of persons for perma- 
nent officers of the assembly or convention. 

After the report of the committee on 
credentials is adopted, the assembly, on 
motion of some member, proceeds to the 
election of permanent officers. If the 
names of candidates have been recom- 
mended by a committee, the adoption of 
their report is regarded as making choice 
of the persons tiiey have recommended* 
In the case of an assembly composed of 
delegates, unless it is an important occa- 
sion, it is not customary for the Temporary 
Chairman to return thanks to the conven- 



40 Parliamentary Law. 

tioD, or to allude to the object of the meet- 
ing; he simply acts as Moderator for the 
time being, for purpose of organization. 

In case the assembly or convention is 
small, it is customary, after the temporary 
organization is perfected and the question 
of membership is settled, to declare by 
vote that the temporary organization shall 
stand as the permanent organization.* 

When the organization of the meeting 
is completed by the election of officers, the 
Chairman should announce, "The meeting 
is now fully organized, and ready to proceed 
to business." If no motion is made or busi- 
ness presented, it is proper for the Chairman 
to say, " What is the pleasure of the meet- 
ing ? " And at any time when there is no 
business before the meeting, the Chairman 
should announce, " Gentlemen, there is no 
question before the meeting; what is your 
further pleasure ? " 

* When the assembly is composed of delegates from 
constituencies, a temporary organization becomes neces- 
sary to determine who are properly delegates and entitled 
to seats in the convention. But in mass meetings of the 
people, such necessity does not in general exist, hence a 
reason why the origina* organization in the latter case 
may be accepted as permanent. 



Manner of Presenting Business. 41 



Manner of Presenting Business. 

Every member of a deliberative body, 
in the absence of express rule to the con- 
trary, has the right to present propositions 
for the action of the assembly. This is 
by a simple motion or by formal resolution. 
But where the object of the meeting is of 
a general nature, or where the subject 
designed to be acted upon, for which the 
meeting has been called, does not seem 
to have been duly matured by any one 
present, it is customary to appoint a 
committee to prepare and report resolu- 
tions expressive of the sense of the meet- 
ing. 

"When a member desires to present a 
proposition for the action of the assembly 
which is of importance, it should properly 
be reduced to writing; such propositions 
are called resolutions, and commence thus: 
"Resolved, That." Indeed as a general 
rule all propositions offered by members 
in a deliberative assembly, except a mere 
motion in the progress of proceedings, 
should be reduced to writing. 



42 Parliamentary Law. 

Motions, and Manner of Proceed- 
ing. 

A motion is simply a proposition of a 
member, as his individual sentiments. If 
the proposition offered prevails, it is then 
adopted as the conclusion or sense of the 
assembly. 

But the proposition by a single member 
is not considered sufficient to claim atten- 
tion from the assembly; it is, therefore, 
required that it shall be approved or sec- 
onded by one other member. This being 
done, the mover is entitled to have it put 
to the assembly. In general practice, how- 
ever, all motions are presumed to be sec- 
onded, unless the point is made and found 
to be otherwise; in which case the presid- 
ing officer could not properly take notice 
of the motion. 

In good practice, when a motion is made, 
the presiding officer is not required, in- 
deed, it is not necessary that he should 
stop to enquire as to whether the motion 
has a second, in case he fails to hear any 
person announce that he seconds the mo- 



Motions — Manner of Proceeding. 43 

tion. He may assume that the motion has 
a second until the contrary is made to 
appear. This is the custom in legislative 
assemblies or large bodies where it is neces- 
sary to economize time. The seconding of 
a motion has become largely a matter of 
form, although it is the right of any mem- 
ber to raise the point of order in case a 
motion has not the support of a second. 

In general, no proposition or question 
can be acted upon except on motion of a. 
member. The manner of proceeding is 
for the member to rise in his place, and 
say, " Mr. Chairman." Before he can pro- 
ceed it is expected that he will have the 
permission, or as it is termed, " recogni- 
tion of the chair." The Chairman, there- 
fore, responds: "The gentleman from," 
naming the district from which he is a 
delegate, or, " the gentleman on my right," 
or similar designations. The rule in delib- 
erative assemblies being that no member 
shall be addressed or spoken of by his name 
where it can be avoided. The person 
offering the motion, being recognized by 
the Chair, proceeds, " I move, sir, that," 1 



44 Parliamentary Law. 

stating his motion. The member desiring 
to second the motion should rise and say, 
"I second the motion." Before any re- 
marks upon the motion or proposition are 
in order, it must be stated by the chair. 
The Chairman should say, " Gentlemen, it 
is moved that" (stating the substance of 
the motion). It is sometimes the practice 
for the Chairman to say, "Gentlemen, you 
have heard the motion," and then proceed 
to put the question. But this is improper; 
a motion is not the property of the assem- 
bly, or, in other words, not a subject before 
them, until it is stated by the Chairman. 

When a motion is made and seconded, 
it becomes the property of the assembly, 
and cannot be withdrawn or modified by 
the mover except by leave of the assembly, 
on a motion made for that purpose. 

After the Chairman has stated a motion, 
which he may do without rising, if no 
member interposes, he should proceed 
promptly to put the question to the assem- 
bly; this he does by rising, when he will say, 
" Gentlemen, those in favor of the motion 
will say aye" — " those opposed will say no.'* 



Motions — Manner of Proceeding. -45 

If it is decided in the affirmative, he will 
say, "The motion has prevailed," or, "It is- 
carried in the affirmative." If it is decided 
in the negative, he will say, " The motion is- 
lost," or, " It is decided in the negative." 

After the vote has been declared by the 
presiding officer, it becomes final. Some- 
times, when the vote is nearly equal, it is 
difficult to determine which has prevailed. 
In such case the presiding officer should 
not hastily announce the vote. He should 
say, " The ayes seem to have it," or, " The 
noes seem to have it," as the vote may ap- 
pear. If no member interposes, he may 
then proceed and declare the vote as it 
seems to him to be. 

But if any member doubts the vote a& 
the Chairman states that it seems to be, he 
may rise and call for a division of the- 
house. This may be done, as the call in- 
dicates, by dividing the members of the 
assembly — by having those who vote in 
the affirmative stand on one side of the 
room, and those in the negative stand on 
the opposite side; or by the "up-lifted 
hand" — the latter is the most usual — or 



46 Parliamentary Law. 

siinply by rising. In either case the Chair- 
man will direct the Secretary to count the 
votes on each side, and report to him the 
result. The most usual and satisfactory 
course is by rising. 

When a member calls for a division of 
the house, in the absence of any express 
rule made by the assembly on the subject, 
the presiding officer should proceed thus: 
" A division is called for; all those in favor 
of the motion will rise in their place, and 
stand until counted." When those in the 
affirmative are counted, and the number is 
reported to the Chairman, he will announce 
the number, and say: "All those opposed 
to the motion will in like manner rise and 
stand until counted," which being done, 
the Chairman announces the number, and 
declares the motion carried or lost accord- 
ing to the fact. The Chairman may him- 
self count the vote, if he desires, but it is 
competent for him to direct the Secretary 
to do so. 

In case any member desires it, he may, 
at any time before the vote is declared by 
the Chairman, call for the appointment of 



Motions in General. 47 

tellers to count and report the result of the 
vote, instead of leaving it to the Chairman. 
This is done by the Chairman on request 
of any member. It is customary to ap- 
point one person from each side, or each 
party in the assembly. When a division is 
desired, it must be called for before the re- 
sult has been finally declared by the Chair- 
man. After he has declared the vote, it is 
final, and a division cannot be called for. 



Motions in General. 

When a motion is made which the mem- 
bers are inclined to meet by a direct vote, 
on the merits, it is put to the assembly, 
either at once or after debate, and disposed 
of. But as propositions may strike differ- 
ent minds in different forms, it often oc- 
curs that the assembly, on motion of some 
member, will dispose of the question in 
some other manner; for this purpose there 
is a class of motions resorted to, called 
subsidiary motions, which may be enter- 
tained while the original or principal mo- 
tion is pending, thus: 



48 Parliamentary Law. 

1. The assembly may desire to suppress 
the proposition, either for a time or alto- 
gether. The proper subsidiary motions 
for this purpose are, the previous question 
and indefinite postponement. 

2. The assembly may be wiling to consid- 
er the proposition, but not at that time. The 
usual motions in such case are, postponement 
to some future time, or to lie on the table. 

3. The form in which the proposition is 
submitted may be considered defective in 
some particular, a correction of which may 
require more deliberate consideration than 
the assembly can conveniently bestow upon 
it. In such case the proper motion is to 
refer the proposition to a committee. 

4t. The proposition of itself may be sat- 
isfactory, if changed or qualified in some 
particular. In this case the proper motion 
is to amend. 

The Previous Question. 

The practice under this motion has not 
been uniform. In legislative assemblies 
it is generally regulated by rules pre- 
scribed; the usual course, however, in tha 



Motions in General. 49 



absence of express rules, is this : When a 
member desires a vote to be taken on a 
proposition without further debate or de- 
lay, he moves the previous question, this 
being seconded, the presiding officer says, 
" The previous question is moved. Shall 
the main question be now put? Those in 
favor will say 'aye,' — those opposed will 
say' no.'" If carried in the affirmative, 
he will say, " The main question is or- 
dered." In this case the assembly must 
come to a direct vote on the main question, 
without debate, and no motion can be en- 
tertained to dispose of the question in any 
other manner; the mam question is the 
original proposition, with pending amend- 
ments if any, each of which is to be dis- 
posed of in its proper order. If the motion 
for the previous question is lost, or decided 
in the negative, the general rule is stated 
to be, that the main question is taken out 
of the assembly for the day, so that there 
is then nothing before it to postpone, com- 
mit or amend.* 

* Cushing's Manual, § 175, But in Illinois the practice 
is that the main question is still pending as if no vote 
had been taken. 



50 Parliamentary Law. 

Indefinite Postponement. 

This motion is decided without debate. 
If in the affirmative it removes the ques- 
tion from before the assembly as effectually 
as if it had never been pending. A motion 
to postpone to a day beyond the sitting of 
the assembly is of the same effect as indefi- 
nite postponement. 

Motion to Postpone or Lie on the Table. 

When it is desired to consider a proposi- 
tion at some future day, the proper motion 
is to postpone or lay on the table. The 
motion to postpone in this case has refer- 
ence to a motion to postpone to a time 
fixed; in this respect it differs from the 
^notion to lay on the table. When a prop- 
osition is postponed to a time fixed, when 
that time arrives it will be in order to re- 
sume its consideration, but a proposition 
which by vote is laid on the table, its con- 
sideration cannot be resumed without a 
vote to that effect. 

A proposition which has been laid upon 
the table may be taken up at any time for 
consideration by vote of the assembly, un- 



Motions in General. 51 

less there is some special rule prescribed 
by the assembly to the contrary. The 
opinion has been entertained to some ex- 
tent that when a proposition is laid upon 
the table it is a final disposition of the 
question, and its consideration can not be 
again resumed. But this is so only where 
there is some special rule of the assembly 
to that effect. The rule of the English 
Parliament as cited by Mr. Jefferson is that 
"where the House has something else 
which claims its present attention, but 
would be willing to reserve in their power 
to take up a proposition whenever it shall 
suit them, they order it to lie on their 
table. It may then be called for at any 
time." 

But a motion to take from the table a 
proposition which has been laid on the 
table by vote of the assembly would not 
come under the head of privileged mo- 
tions, so this motion could not properly be 
entertained while some particular order of 
business or some other principal motion is 
pending. 

The technical motion to lie on the table is 



52 Parliamentary Law. 

not recognized in the legislative assemblies 
in some of the States of the Union; but 
the equivalent motion "to postpone for 
the present " is used in its stead. 

Motion to Commit. 

When it is desired to render a proposi- 
tion more perfect before consideration, it 
is usually done by referring it to a com- 
mittee. If there is a standing committee 
on that subject, the motion should be to 
refer to that committee. If not, then to a 
select committee. A motion to refer to a 
select committee, and a standing com- 
mittee, may be made and pending at the 
same time; in which case, the latter motion 
takes precedence, and should be first put 
to the question. A part or the whole of a 
subject may be referred; or portions may 
be referred to several different committees. 

After a motion to commit a proposition 
under consideration, a motion to amend 
the proposition is not in order, but in the 
absence of any special rule of the assembly 
to the contrary the motion itself may be 
amended by substituting another coin- 



Motions to Amend. 



mittee for that named in the motion, or by 
enlarging or diminishing the number of the 
committee when the motion is to refer to 
a select committee — naming the number 
of the committee. And the committee 
may on motion be instructed among other 
things as to their action on the proposition 
committed to them, which may in effect 
operate as an amendment thereto. 

If the motion to commit is carried in 
the affirmative, the effect is to remove the 
whole subject to which the motion relates 
from before the assembly for the time 
being. 



Motions to Amend. 

Amending a proposition is either by add- 
ing words, or taking words from it, or by 
transposition of words. This is accom- 
plished under different modes of proceed- 
ing. Under this head may be classed the 
following : 

1. Filling Blanks. 
It often happens that propositions are 



54 Parliamentary Law. 

introduced, leaving blanks to be filled 
by the assembly, either with times and 
numbers, or with provisions analogous to 
those of the proposition itself. In the 
latter case, blanks are filled in the same 
way that other amendments are made 
by the insertion of words. In the for- 
mer, propositions to fill blanks are not 
considered as amendments to the ques- 
tion, but as original motions, to be 
made and decided before the principal 
question. 

In case of blanks to be filled with time 
and number, motions may be made for that 
purpose, and the question taken on each 
by itself. Several motions for this purpose 
may be made and pending, before any of 
them are put to the question. The usual 
rule is to take the question, first, on the 
highest number, the largest sum, and the 
longest time. 

Whilst the foregoing is the general rule 
on this subject, it is nevertheless to be ap- 
plied in the light of a further general rule; 
to commence at that point on which the 
assembly would be the least likely to con- 



Motions to Amend. 55 

cur, and go towards that on which the 
minds of members would in the nature of 
thiDgs be most likely to unite, or as it has 
been expressed, "The object being not to 
begin at that extreme which and more 
being within every man's wish, no one 
could negative it, and yet, if we should 
vote in the affirmative, every question for 
more would be precluded; but at that 
extreme which would unite few, and then 
to advance or recede till you get to a 
number which will unite a bare majority.* 

2. Striking Out. 

If an amendment is proposed by striking 
out a paragraph or certain words, and it is 
rejected, it cannot be again moved to 
strike out the same words, nor a part of 
them; but it may be moved to strike out 
the same words with others, or to strike 
out a part of the same words with others, 
provided it becomes thereby a different 
proposition. 

3. Amendment by Inserting. 

If an amendment is propDsed by insert- 

* '6 Grey, 376. 



56 Parliamentary Law. 

ing or adding a paragraph or words, and 
it is rejected, it cannot be again moved to 
insert the same words, or a part of them; 
but it may be moved to insert the same 
with others, or a part of the same words 
with others, if the coherence really make 
them different propositions. 

4. Striking Out and Inserting. 
This combination of propositions may 
be divided by a vote of the assembly. 
"When the proposition is divided, the ques- 
tion is first to be taken on striking out; 
if that prevails, then on inserting; if the 
former is decided in the negative, the 
latter fails of course. 

5. Division of a Proposition 
Where a proposition is composed of two 
or more parts, which are susceptible of 
division into several questions, it is a com- 
pendious mode of amendment to divide 
the motion, if deemed devisable, into sep- 
arate questions, to be separately voted 
upon. This ma}' be done by order of the 
assembly, on motion, as in other cases. 
The question as divided becomes a series 



Motions to Amend. 57 

of independent propositions. Assemblies 
sometimes provide by express rule for the 
division of a question on demand of a 
member. 

The rule before mentioned for division 
of a question on demand of a member has 
led to a misunderstanding to some extent 
as to the course to be pursued in regard to 
such proceeding. The understanding by 
some has been that the term " demand of 
a member" means that on demand of a 
member therefor, it becomes the duty of 
the presiding officer to proceed himself 
and divide the question in manner and ac- 
cording to the demand of the members. 
The rules of parliamentary law give no 
such right to a member of a deliberative 
assembly, nor do they confer any such 
authority as suggested upon the presiding 
officer. 

Whilst the division of a question is in 
the nature of an amendment, yet to a cer- 
tain extent the proceeding is taken out of 
the general rules governing in this regard. 
So that a question nmy be pending where 
an amendment, or further amendment 



58 Parliamentary Law. 

offered by a member, would not be in 
order, but the question being in such form 
as to admit of a division, the object of the 
rule is to permit a division that complete 
justice may be done towards all who may 
be called upon to vote on the proposition 
So while a member who desires a division 
would not be permitted under the general 
rules in regard to amendments to offer 
amendments so as to modify the proposi- 
tion and thereby put it in shape as he de- 
sires, he may nevertheless demand a 
division of the question. That is, move 
that the question be divided, which is 
made a sort of privileged motion. 

On demand or motion of a member for 
division of a proposition, the presiding 
officer puts the question to the assembly 
for its decision as in other cases. The 
presiding officer may decide whether the 
proposition is susceptible of division and 
how many and what parts it may be 
divided into, but from this decision there 
would be an appeal as in other cases of 
his ruling, unless there is a special rule of 
the assembly giving such authority to the 



Order and Succession of Questions. 59 

presiding officer. Mr. Jefferson, citing- 
English authority, says: "If a question, 
contain more parts than one, it may be 
divided into two or more questions. But 
not as the right of an individual membeiv 
but with the consent of the House." 

6. Amendment to an Amendment. 
Custom or usage has established a rule 
whereby a proposition may be entertained 
to amend an amendment, but there can be 
no amendment of an amendment to an 
amendment. 



The Order and Succession of 
Questions. 

It is a general rule that where a propo- 
sition is pending before a deliberative as- 
sembly no other can be entertained until 
that is disposed of, unless it be either l 
first, a, privileged question; secondly, an 
incidental question; or, thirdly, a subsi- 
diary question or motion.* 

* The House of Representatives in the Illinois Legisla- 
ture, has the following rule: "When a question is under 
debate, no motion shall be received but to adjourn, a call 



60l Parliamentary Law. 

1. Privileged Questions. 

Questions of this nature are : 1. Motions 
to adjourn. 2. Motions or questions re- 
lating to the rights and privileges of the 
assembly, or of its members individually. 
3. Motions for the orders of the day. 

A motion to adjourn takes the place of 
all other questions whatever. It is not 
debateable, and ordinarily not susceptible 
of amendent. 

A motion to adjourn to a time fixed can 
be amended, by offering some other time, 
and is debateable. 

Questions of privilege come next in order, 
and take precedence of all other motions 
except that of adjournment. They are 
such as concern the rights and privileges 
of the assembly, or of its individual mem- 
bers. 



of the house, to lay on the table, the previous question, 
to commit, to amend, to postpone to a day certain, to 
postpone indefinitely; which several motions shall have 
precedence in the order in which they are arranged; and 
no motion to postpone to a day certain, to commit, or 
postpone indefinitely, being decided, shall be again al- 
lowed on the same day, and at the same stage of the 
bill or proposition." 



Order and Succession of Questions. 61 

Order* of the day come thirdly in succes- 
sion, under the bead of privileged ques- 
tions. When the consideration of a sub- 
ject has been assigned for a particular day, 
by an order of the assembly, the matter so 
assigned is called the order of the day for 
that day. 

2. Incidental Questions. 

These are such as arise out of other 
questions, consequently are to be decided 
before those which give rise to them. Of 
this nature are: 1. Questions of order; 

2. Motions for the reading of papers, etc. ; 

3. Leave to withdraw a motion; 4. Sus- 
pension of a rule; 5. Amendment of an 
amendment. 

Questions of order are those questions 
raised by any member as to a breach of 
any rule, occurring. It is the privilege of 
any member to raise questions of order in 
such cases. 

Heading of papers brought before a de- 
liberative assembly may be called for by 
any member who desires the reading. 

Withdrawal of motions is allowed on the 



62 Parliamentary Law. 

part of the mover, by leave of the assembly, 
which is to be obtained by a vote on mo- 
tion as in other cases, or the leave may be 
obtained by general consent without a 
formal vote of the assembly. 

Suspension of a rule of the assembly may 
be granted by a vote thereof. This is 
usually obtained at the instance of a mem- 
ber to consider a proposition which would 
otherwise not be in order. 

Amendment of an amendment is allow- 
able, as we have already seen ; the amend- 
ment to the amendment must be first put. 
If it is adopted, then the question is taken 
on the amendment as amended. 

3. Subsidiary Questions. 

These, as before remarked, are those 
which relate to a principal motion. Sub- 
sidiary motions in common use are: to lie 
on the table; the previous question; post- 
ponement, either indefinitely or to a day 
certain; commitment and amendment. 

To lie on the table, is a motion usually 
resorted to in common practice when the 
assembly desire to put a proposition aside 



Order and Succession of Questions. 63 

without giving any expression upon its 
merits. It is not debatable nor suscepti- 
ble of amendment. It takes precedence of 
and supersedes all other subsidiary mo- 
tions. If decided in the affirmative, all 
motions or propositions connected with 
the principal question, are removed with it 
from before the assembly, until taken up 
by a vote thereof. 

The previous question stands in equal 
degree with all other subsidiary motions, 
except the motion to lie on the table. 

The motion to postpone is either indefi- 
nite, or to a time certain; and in both 
these forms, may be amended; — in the 
former by fixing a time certain; in the 
latter by substituting one time for an- 
other. The latter case is treated like filling 
blanks. 

A motion to commit, or recommit, may be 
amended by substitution of one kind of 
committee for another, or by enlarging or 
diminishing the number of the committee 
as proposed, or by instructions to the com- 
mittee.* It stands in the same degree with 
* See remarks on the motion to commit, ante p. 53. 



GJ: Parliamentary Law. 

the previous question and postponement — 
but it takes precedence of a motion to 
amend. 

A motion to amend stands in the same 
degree only with the previous question and 
indefinite postponement, and neither, if 
first moved, is superseded by the other. 
But it is liable to be superseded by a mo- 
tion to postpone to a day certain. It may 
also be superseded by a motion to commit. 

The following example is given to illus- 
trate the successive order of questions: 
Suppose first a principal question is pro- 
posed, second, a motion is made to amend 
the principal question, third, a motion to 
commit, fourth, a question of order arises 
in the debate, which gives occasion to, 
fifth, a question of privilege, and sixth, a 
subsidiary motion, as to lie on the table. 
All these questions may be pending at the 
same time, and take rank in the order 
named. The regular course of proceeding 
requires the motion to he on the table to 
be first put. If this is negatived, the ques- 
tion of privilege is then settled ; after that 
comes the question of order, then the ques- 



Of Reconsideration. 65 

tion of cornrnittnent; if that is negatived, 
the question of amendment is taken; and, 
lastly, the main question. 



Of Reconsideration. 

A deliberative assembly may reconsider 
a vote already passed, whether affirmatively 
or negatively. For this purpose a motion 
is made, as in other cases, that such a vote 
be reconsidered; if it prevails, the matter 
stands before the assembly in precisely the 
same state and condition as if the vote re- 
considered had never been passed. In the 
absence of any express rule of the assem- 
bly, a motion to reconsider is made in the 
same manner as any other motion. 

Reconsideration of questions once dis- 
posed of by vote of the assembly is of 
American origin. The general rule exist- 
ing, time out of mind, in the English Par- 
liament is that a question once carried can- 
not be questioned again at the same ses- 
sion, but must stand as the judgment of 
the house. And a bill once rejected, 



Parliamentary Law. 



another of the same substance cannot be 
brought in again the same session. 

The reconsideration of questions seems 
to have been adopted in deliberative as- 
semblies in this country somewhat on the 
principle that new trials are granted to 
litigants in courts of law. But a motion 
to reconsider being decided in the nega- 
tive is a final disposition of the question. 

A motion to reconsider a proposition is 
entertained without regard to whether it 
was determined in the affirmative or nega- 
tive. As before remarked, the motion is 
made in the usual manner of any other mo- 
tion. In the absence of any special rule of 
the assembly to the contrary, it may be 
made by any member of the assembly.* 

* The opinion seems to prevail quite generally that a 
motion to reconsider a proposition must be made by some 
member of the assembly who voted with the majority on 
the question. There is no such rule of parliementary 
law. There is, however, a special rule to this effect in 
Congress, and the like rule has been adopted among the 
legislative assemblies of the several States. 

There is likewise a practice prevailing in deliberative 
assemblies, that where a motion to reconsider is made to 
move to lay the motion to reconsider on the table, which 
being carried in the affirmative, the notion is entertained 
that by some rule of parliamentary law the main ques- 



Of Reconsideration. 67 

It is said by writers of parliamentary law 
who are recognized as authority in this 
country, that on the motion to reconsider, 
the whole subject is as much open for de- 
bate as if it had not been discussed at all.* 

But it would seem that on such motions 
the debate ought to be confined more par- 
ticularly to direct reasons showing why 
the vote should or should not be recon- 
sidered. Something of this kind might 
naturally exist in the case aside from the 
naked question of the original merits of 
the proposition. If the motion to recon- 
sider prevails, the question pending will 
then be on the original proposition the 
same as it stood before any vote thereon 
was taken, and in like manner again open 
to debate. The question should be stated 
by the chair and put to vote in the same 
manner as before. 

tion is finally disposed of so that it cannot be again enter- 
tained by the assembly. This is incorrect. There is no 
general rule existing that would prevent the subject from 
being taken from the table again as in case of any other 
question. But legislative assemblies generally have some 
special rule on the subject which virtually makes such 
action final. 
* Cushing's Manual, § 337. 



Parliamentary Law. 



Of Committees. 

The business of deliberative assemblies 
is facilitated by aid of committees; they 
are of three kinds, select committees, standing 
committees, and committee of the whole. 

Select committees are those appointed to 
consider a particular subject. 

Standing committees are those who are 
appointed to continue during the whole 
term of the assembly, to consider all 
matters of a certain character named 
during the time. 

A committee of the whole is a committee 
comprising all the members of the assem- 
bly to consider any subject referred to 
them. 

Select and standing committees, in the 
absence of any express rule or vote of the 
assembly, are appointed by the presiding 
officer. When a motion is made for the 
appointment of a committee, the motion 
usually includes the number of which it is 
to consist. If no vote is taken as to the 
manner of appointment, the presiding officer 
should proceed to appoint. It will be un- 



Of Committees. 69 

necessary for him to inquire of the assem- 
bly as to how they will have the appoint- 
ment made; the fact that they have given 
no expression on the subject implies that 
the appointment shall be made by the 
chair. 

The person first named on a committee 
is considered the chairman; but in the 
absence of any rule to the contrary, the 
committee may make choice of some other 
person among their number as chairman, 
if they desire to do fo. 

When a committee have considered a 
proposition, the} 7 present the result to the 
assembly, which is called their report. It 
is usually in writing, and is announced to 
the assembly by the chairman, or some 
member of the committee selected for that 
purpose, who, rising in his place, says, 
"Mr. President" (or "Mr. Chairman," as the 
case may be), " The committee to whom was 
" referred the subject of (stating the matter 
"referred), have had the same under con- 
sideration, and have instructed me to 
" report that " (here follows the report.) 

In case the report is in writing the fore- 



70 Parliamentary Law. 

going is the proper form for the caption 
or commencement. The report need not 
be addressed to any one. The practice of 
addressing a report to the presiding officer 
or to the assembly in the manner of a bill 
in chancery or petition from outside sources 
is erroneous. When the report goes into 
the journal of the proceedings of the 
assembly it will be found to connect with 
that which precedes or follows it suffi- 
ciently and even in better taste without 
the addition of a needless and cumbersome 
address. The report is a part of the pro- 
ceedings of the assembly. 

Where communications come from out- 
side parties the rule is different. Such 
matters have no legitimate connection with 
the record of the assembly and some ad- 
dress or introduction of that nature seems 
to be necessary. But a committee is a 
part of the assembly and the rule appli- 
cable to strangers in this regard has no 
application to them. The report of a com- 
mittee being in the nature of a continuation 
of the proceedings of the assembly, the 
inconsistency of adding thereto a formal 
address is at once apparent. 



Of Committees. 71 

It is the duty of a committee when a 
matter is referred to them, to act upon it 
The object of a reference of this kind is 
to procure an examination into the merits 
of the proposition so referred. It is the 
duty of the committee to report the result 
of their examination of the question and 
add their recommendations, which should 
be either for or against the same. They 
will fail to discharge their duty properly 
should they not do this. 

The committee may, however, in case 
they wish to escape responsibility of this 
kind report the matter back without recom- 
mendation and ask to be discharged from 
consideration of the subject. But the 
assembly may refuse this request, in which 
case it will be the duty of the committee 
to add to their report their opinion of the 
measure. The assembly may, however, 
discharge them and refer the matter to 
another committee. 

It is highly improper in a committee in- 
stead of a recommendation upon the 
merits of the subject, to recommend that 
the matter be referred Lu b^aic oilier com- 



72 Parliamentary Law. 

niittee, or that it lie upon the table, or 
other dillitory course. Such recommenda- 
tion is not within the province of a com- 
mittee. They must in their report either 
deal with the merits of the question or ask 
to be discharged from its further consid- 
eration. If their application to be dis- 
charged is concurred in by the assembly, 
then it would be proper for the chairman 
of the committee from his place as a mem- 
ber to move that the subject be referred to 
some other committee, or other disposition 
thereof as may be desired. 

After the report is made, the proper mo- 
tion is, that it be received; but in prac- 
tice the report is received without such 
motion, unless objection is made, in which 
case a formal vote on the recex^tion of the 
report is necessary. After the report is 
received, the committee are discharged 
without any action of the assembly. 

The report thereupon becomes the prop- 
erty of the assembly, and the question 
recurs on its adoption. The presiding 
officer will proceed and so state the ques- 
tion, without any formal motion being 



Committee of the Whole. 73 

made. The report being accepted, the 
question recurs on its adoption. After a 
report is adopted, the recommendation of 
the committee becomes the sense of the 
assembly. 



Committee of the Whole. 

A committee of the whole is a meeting 
or session of all the members of the assem- 
bly, in which the strict rules of order gov- 
erning the assembly itself in the despatch 
of business are dispensed with, thereby 
affording more freedom of action in delib- 
erating on subjects under consideration. 
In the House of Representatives in Con- 
gress and in legislative assemblies in general 
it is styled committee of the whole house. 

In many legislative assemblies this com- 
mittee exists by a standing rule, and all 
bills before being advanced to final con- 
sideration are referred to and are required 
to be considered by the committee of the 
whole. The mode of proceeding being to 
consider each bill or proposition by sec- 
tions or paragraphs. 



74 Parliamentary Law. 

In the absence of any special rule to the 
contrary it is proper for the assembly to 
resolve itself into committee of the whole 
on any proposition pending, or on several 
propositions as may be deemed advisable. 

The mode of proceeding on going into 
committee of the whole is on motion of 
some member that " the assembly do now 
resolve itself into the committee of the 
whole for the purpose of considering the 
subject of " (naming the subject.) Before 
this motion is made, however, it is proper 
that the assembly, on motion, should vote 
to refer the subject named to such com- 
mittee. 

If the motion to go into committee of 
the whole prevails, it is customary for the 
presiding officer of the assembly to des- 
ignate some member to act as Chairman 
of the committee. But the committee 
may, it seems, disregard the designation 
by the presiding officer and select a Chair- 
man for itself. This proceeding, however, 
is in general regulated by special rule of 
the assembly. 

According to the rule laid down by Mr. 



Committee of the Whole. 



Cashing, in case no person is named by 
the presiding officer as Chairman, or the 
committee do not acquiese in his appoint- 
ment, some member is called upon by one 
or more members of the committee to take 
the Chair; and if no objection is made,, 
the member so designated becomes the 
Chairman. If objection is made or some 
other member is also named as Chairman,, 
then a Chairman must be regularly chosen 
But in order to do this the presiding offi- 
cer should resume the Chair, and the 
choice be made by the assembly acting as 
such, and not in committee.* 

In organizing the committee of the whole 
nothing further is necessary than the se- 
lection of a Chairman. Bat for conveni- 
ence and to relieve the burdens of the 
Chairman in this regard, some one of the 
committee may be designated to act as 
Clerk, or the Clerk of the assembly may 
be requested to act in that capacity. It is 

* See Cushing's Manual, § 340. So that the authority of 
the committee of the whole to select its own Chairman 
depends, it seems, upon the contingency of unanimity of 
its action in the matter. 



7G Parliamentary Law. 

not, however, his duty to do so by virtue 
of his position. 

The meeting of the committee of the 
whole is in the same room occupied by the 
assembly. On going into committee the 
presiding officer of the assembly takes his 
seat among the members. If he is himself 
a member of the assembly, he takes part in 
the debates and deliberations of the com- 
mittee the same as other members. A 
quorum is the same as in the assembly, If 
at any time it is found that there is not a 
quorum present, the committee should rise 
and report the fact to the assembly for its 
action. 

The Chairman of the committee in as- 
suming his duties as such usually takes a 
seat at the desk of the Clerk or Secretary 
of the assembly, when he will announce, 
" The assembly is now in committee of the 
whole on the subject of," (naming the sub- 
ject). If the proposition consists of sev- 
eral sections or paragraphs, the same 
should be considered separately, beginning 
with the first in number, which should be 
read by the Chairman in their proper order. 



Committee of the Whole. 



After reading each it is open to amend- 
ment. 

After amendment of a section or para- 
graph, or in case no amendments are 
offered, the question recurs on its adop- 
tion. It being adopted or rejected, the 
Chairman passes on through the whole 
subject in like manner, which being com- 
pleted the question recurs on adoption of 
the entire proposition as a whole. 

Whilst a committee of the whole is in 
form and its proceedings are in general 
after the manner of deliberative assemblies, 
yet but few of the rules of parliamentary 
law governing deliberative assemblies are 
applicable to proceedings in committee of 
the whole. Privileged, subsidiary and in- 
cidental questions are in general not recog- 
nized, especially those of a dilatory char- 
acter. The policy being to proceed to a. 
direct vote on the main question. 

Mr. Cushing in his manual of Parlia- 
mentary practice, has laid down the fol- 
lowing general rules concerning committee 
of the whole. 1. The previous question 
cannot be moved in committees of the 



78 Parliamentary Law. 

whole. 2. The committee cannot like 
other committees adjourn to some other 
time and place. 3. Every member can 
speak in the committee as often as he can 
obtain the floor. 4. A committee of the 
whole cannot refer a matter to another 
committee. 5. A con;inittee of the whole 
has no authority to punish for a breach of 
order committed by any one.* 

To the foregoing rules it may be added 
that neither can the yeas and nays be de- 
manded in committee of the whole. And 
it is laid down that no appeal can be enter- 
tained from the decision of the Chair, his 
decision being final on points of order, f 

It was formerly the practice when it was 
desired to terminate prolonged or unpro- 
fitable debate on a question in committee 
of the whole for the committee to rise and 
rcpoit the facts to the assembly, when the 
assembly could withdraw the subject from 

* Cushing's Manual, § 302. A committee of the whole 
having no authority to enforce rules, would imply that 
they are wanting in authority to make rules for their 
government. 

t Matthias Manual, 66. 



Committee of the Whole. 79 

the committee and dispose of the same 
itself if deemed advisable. But latterly 
the practice instead of the former course 
has obtained to entertain a motion to close 
debate on the pending question, which 
answers the same effect as the previous 
question. 

If the committee desire to adjourn their 
sitting to another time before disposing of 
the matter referred to them, instead of the 
proceeding by adjournment, the rule is 
for the committee to rise, whereupon the 
presiding officer of the assembly resumes 
his place and the chairman of the com- 
mittee reports, "The committee of the 
whole to which was referred the (stating 
the subject) have had the same under 
consideration, and have instructed me to 
report that they have made some progress 
therein, and respectfully a&k leave to sit 
again."* 

The presiding officer should state the 
substance of the report to the assembly, 
and may thereupon add, "If there is no 

* On a second report of this kind the report should be 
*' some farther progress," etc. 



80 Parliamentary Law. 

objection leave will be granted." If no 
one objects, he will add "Leave is granted." 
If objections are heard the question recurs 
on concurring in the request of the com- 
mittee, which should he put to a vote of 
the assembly as in case of any other 
motion. 

In case of disturbance or disorderly con- 
duct on the part of members or among 
spectators, instead of punishment for con- 
tempt the rule is for the committee to rise 
and report the facts to the assembly for its 
action. 

No record of the proceedings of a com- 
mittee of the whole is required to be kept. 
It is sufficient to preserve a memorandum 
of propositions adopted or rejected or 
amendments adopted, if any, whereby the 
action of the committee may be made 
known to the assembly. Nor need the pro- 
ceedings of the committee appear in the 
journal of the proceedings of the assembty. 
All that is required in this regard is that it 
shall appear that the assembly resolved it- 
self into committee of the whole, stating 
the subject referred, followed by the report 



Committee of the Whole. 81 

of the committee and action of the assembly 
thereon. 

When the committee of the whole have 
finally disposed of the matter referred to 
them, they should recommend, as in case 
of other committees, that the proposition 
either be adopted or rejected. If amend- 
ments have been proposed by the com- 
mittee, the recommendation will be that 
the proposition as amended be adopted. 

In the latter case the report of the Chair- 
man will be, " The committee of the whole 
to which was referred the (naming the sub- 
ject) have had the same under consideration 
and have instructed me to report said prop- 
osition back with sundry amendments pro- 
posed thereto, and that they recommend 
the adoption of the same as amended." 
In case no amendment is proposed, then 
say, " Report said proposition back without 
amendment and that they recommend the 
adoption of the same," or "recommend 
that the same be not adopted." In case of 
a bill in a legislative assembly, the conclu- 
sion of such report will be "that said bill 
do pass," or " that said bill do not pass." 
C 



Parliamentary Law. 



Appeals. 

As a general rule as before expressed in 
this work, the presiding officer of a deliber- 
ative assembly possesses little or no power 
whatever;* the theory being that all power 
and authority is vested in the assembly 
itself, w T hich is transferred to the presiding 
officer only by special rule. In general all 
decisions and rulings of the presiding offi- 
cer may be reviewed aud reversed by the 
assembly itself through an appeal on a 
question of order raised by any member, f 

A question of order raised by a mem- 
ber is not like other questions stated 
by the Chair, but must be stated to the 
Chair by the member by whom it is raised. 
It is decided in the first instance by the 
presiding officer without debate or discus- 
sion. The presiding officer may, however, 
before giving his decision invite the opin- 
ion and advice of such experienced mem- 
bers present as he deems proper. 

* See ante page 28. 

t It is the rule in the English Parliament that all deci- 
sions of the Speaker may be controlled by the House. 
3 Grey, 319. 



Of Debate. 83 



If the decision of the presiding officer 
on the question raised is not satisfactory, 
any member may except to it and demand 
that it be decided by the assembly. This 
is called an appeal from the decision of the 
Chair. The mode of proceeding there- 
upon is for the presiding officer to proceed 
and state the question of order raised, and 
conclude, " shall the decision of the Chair 
stand as the decision of the assembly." 
The question is thereupon open to de- 
bate and decision of the assembly the same 
as any other question. The presiding 
officer is allowed to participate in the de- 
bate.* 



Of Debate. 
Among other branches of parliamentary 
law, certain rules of order in debate be- 

* Experienced parliamentarians understand that large 
advantage is gained in obtaining the affirmative of a ques- 
tion. Mankind not being in general aggressive in their 
nature it is easier to say yes than it is to say no. Thus the 
chances are in favor of an affirmative vote ; so in cases of 
appeals, good practice inclines members who favor the 
decision of the Chair to move that the appeal be laid 
upon the table, which is a proper motion in parliamentary 
practice. 



84 Parliamentary Law. 

came established in the English Parlia- 
ment, which are recognized as applicable in 
deliberative bodies in this country. These 
rules as laid down by Mr. Jefferson citing 
authorities, are to the following effect. 

When the Speaker is seated in his chair, 
every member is to sit in his place. When 
any member desires to speak, he is to 
stand up in his place, and address himself, 
not to the House or an} 7 particular mem- 
ber, but to the Speaker, who calls him by 
his name that the House may take notice 
who it is that speaks. But members who 
are indisposed may speak sitting.* 

When a member stands up to speak, no 
question is to be put; but he is to be heard 
unless the House overrule. f If two or 
more rise to speak nearly together, the 
Speaker determines who was first up, and 
calls him by name; whereupon he proceeds, 

* In legWutive assemblies in this country the Speaker 
in recognizing a member who rises to address the Chair, 
does so by announcing the locality he represents, as ' the 
gentleman from ." 

t The rule recognized in this country, is that when a 
member rises to speak and has obtained the floor by rec- 
ognition of the presiding officer, he is entitled to proceed 
unless he forfeits his right by some breach of order. 



Or Debate. 85 



uriless he voluntarily sits down and gives 
way to another. But sometimes the House 
does not acquiesce in the Speaker's deci- 
sion, in which case the question is put 
" which member was first up."* 

No member can speak more than once 
to the same bill on the same day; or even 
on another day, if the debate be adjourned. 
But if it be read more than once on the 
same day, he may speak once at every read- 
ing. Even a change of opinion does not 
give a right to be heard a second time. 

But a member may be permitted to 
speak again to clear a matter of fact, or 
merely to explain himself in some mate- 
rial part of his speech; or to the manner 
or words of the question, keeping himself 
to that only and not traveling into the 
merits of it; or to the orders of the House, 
if they be transgressed, keeping within 
that line, and falling into the matter itself. 

* The presiding officer should give the floor to the mem- 
ber whose voice he first hears. Where the sense of the 
House is taken on the question as to which member was 
first up, it is taken first on the member announced by the 
presiding officer. The legislative assemblies of this 
country frequently provide by special rule that the deci- 
sion of the Chair in cases aforesaid shall be final. 



86 Parliamentary Law. 

But if the Speaker rises to speak, the 
member standing up ought to sit down, 
that he may be first heard. Nevertheless, 
though the Speaker may of light speak to 
matters of order, and be first heard, he is 
restrained from speaking on any other 
subject except when the House have occa- 
sion for facts within his knowledge; then 
he may, with their leave, state the matter 
of fact.* 

No member is to speak impertinently, 
superfluously or tediously, or depart from 
the question pending; nor use indecent 
language against the proceedings of the 
House; no prior determination of which is 
to be reflected on by any member, unless 
he intends to conclude with a motion to 
rescind it. But while a proposition under 
consideration is undetermined, though it 
has even been reported by a committee, 

* According to usage in this country the presiding ofli- 
cer in legislative assemblies and all other deliberative 
bodies, where he is a member cf the same, may partici- 
pate in debate and other proceedings the same as other 
members ; but for this purpose he should call some mem- 
ber to the Chair and take his place on the floor of the 
assembly. 



Of Debate. 87 

reflections on it are no reflections on the 
House. 

No member in speaking is to mention 
another member then present by his name; 
but should describe him by his seat in the 
House, or as the member who spoke last, 
or on the other side of the question, and 
the like;* nor is he to digress from the 
matter pending, to indulge in personal 
reflections upon another member, by re- 
viling him or speaking unmannerly words 
against a particular member. The conse- 
quence of a measure may be reprobated 
in strong terms; but to arraign the mo- 
tives of those who propose or advocate it, 
is a personality and against order. 

No member is to disturb another in his 
speech by hissing, coughing or spitting; 
nor stand up to interrupt him; nor pass 
between the Speaker and the member 
speaking; nor go across or walk up and 
down the room; or take books or papers 
from the table, or engage in writing there. 

* In deliberative assemblies in this country members 
in debate are referred to as "the gentleman from," (nam- 
ing the district he represents.) 



88 Parliamentary Law. 

Nevertheless, if a member finds it is not 
the inclination of the House to hear him, 
and that, by conversation or any other 
noise they endeavor to drown his voice, it 
is the most prudent way to submit to the 
pleasure of the House, and sit down, for it 
scarcely ever happens that members are 
inclined to ill manners of this kind with- 
out sufficient reason. Members are not 
apt to be inattentive to a member who says 
anything worth their hearing. 

In case of disorder if repeated calls do 
not produce order, the Speaker may call 
by his name any member obstinately per- 
sisting in irregularity, whereupon the 
House ma}- require the member to with- 
draw. He is then to be heard in exculpa- 
tion and to withdraw. Then the Speaker 
states the offense committed and the House 
considers the degree of punishment they 
will inflict.* 

Disorderly words on the part of a mem- 
ber are not to be noticed until he has 

* In case of disorderly conduct on the part of members 
assuming the nature of an affray, the assembly should at 
once be adjourned until order can be restored. 



Or Debate. 89 



finished his speech. Then the person ob- 
jecting to them, and desiring them to be 
taken down by the clerk at the table, must 
repeat them. The Speaker may then 
direct the clerk to take them down in his 
minutes. But if he thinks them not dis- 
orderly he may delay the direction. If 
the call becomes pretty general, he orders 
the clerk to take them down, as stated by 
the objecting member. They are then a 
part of his minutes and when read to the 
offending member, he may deny they were 
his words, and the House must then de- 
cide by a question whether they are his 
words or not. Then the member may 
justify them or explain the sense in which 
he used them, or apologize.* 

If the House is satisfied, no further pro- 
ceeding is necessary. But if two members 
still insist to take the sense of the House 
the member complained of must withdraw 
before that question is stated, and then 
the sense of the House is to be taken. 
When any member has spoken, or other 

*In parliament to speak irreverently or seditiously 
against the King is against order. 2 Hatsell, 170. 



90 Parliamentary Law. 

business intervened after offensive words 
spoken, they cannot be taken notice of for 
censure. And this is for the common 
security of all and to prevent mistaken 
which must happen if words are not taken 
down immediately.* 

Disorderly words spoken in a committee 
must be written down as in the House; 
but the committee can only report them to 
the House for action. 

It is a breach of order in debate to 
notice what has been said on the same 
subject in the other House, or the particu- 
lar votes or majorities on it there; because 
the opinion of each House should be left 
to its own independency, not to be influ- 
enced by the proceedings of the other; and 
the quoting of them might give rise to 
reflections leading to a misunderstanding 
between the two Houses. Neither House 
can exercise any authority over a member or 
officer of the other, but should complain to 
the House of which he is a member or offi- 
cer, and leave the punishment to them. 

* Formerly disorderly words might be taken down at 
any time the same day. 2 Hatsell, 196. 



Of Debate. 91 



No member may be present when a bill, 
or any business concerning himself is 
being debated; nor is any member to 
speak to the merits of it until such in- 
terested member withdraws. The rule is 
that if a charge against a member arises 
out of a report of a committee, or examin- 
ation of witnesses in the House, as the 
member knows from that to what points 
he is to direct his exculpation, he may be 
heard to those points before any question 
is moved or stated against him. He is 
then to be heard and withdraw before any 
question is muved. Bat if the question 
itself is the charge, as for breach of order, 
or matter arising in debate, then the 
matter must be stated, that is, the question 
must be moved, himself heard, and then 
to withdraw. 

Where the private interests of a mem- 
ber are concerned in a bill or question he 
is to withdraw. The rule does not admit 
of his taking part on a question in which 
he is interested. In a case so contrary 
not only to the laws of decency, but to the 
fundamental principles of the social com- 



■92 Parliamentary Law. 

pact, which denies to any man to be a 
judge in his own cause, it is for the honor 
of the House that this rule of immemorial 
observance should be strictly adhered to.* 
When a question of order arises in the 
course of debate, or indeed at any other 
time in the proceedings of the House, it 
may be adjourned to give time to look 
into precedents on the subject. 



Questions not Debatable. 

In the preceding remarks referring to 
the various classes of motions or questions 
.arising in deliberative assemblies, mention 
has been incidentally made of those which 
are not debatable. The purpose here is 
to group all such motions together under 
one head, for purpose of convenience cf 
reference, adding some general remarks 
on the subject. By the general rules of 
parliamentary law the questions not de- 
batable are : 

A motion to adjourn. 

A motion to lie on the table. 

* 2 Hatsell, 119, 121. 6 Grey, 368. 



Questions not Debatable. 93 

A motion for the previous question. 

A motion for indefinite postponement. 

A motion to read a paper or document 
pending a question. 

A motion to take up particular items 
of business, or relating to priority of busi- 
ness. 

As a general rule all questions of privi- 
lege are not debatable. 

So incidental questions are in general 
not debatable. But an amendment to an 
amendment, which is classed as an inci- 
dental question, may be debated. 

A motion to postpone to a time fixed 
beyond that of the final adjournment of 
the assembly is equivalent to indefinite 
postponement, and, therefore, for the like 
reason is rot debatable; otherwise the 
motion to postpone to a time certain i& 
debatable; so a motion to adjourn to a 
time fixed is debatable. And a motion to 
lie on the table if limited or qualified in 
any way would thereby become debatable. 

It is not the policy of parliamentary law 
to encourage debate or delay in the pro- 
ceedings of a deliberative assembly, which 



iM Parliamentary Law. 

has given rise to motions through which 
debate on a question may be terminated 
or restrained. Debate is expected to be 
directed to the main question, so where 
debate is allowed on a subsidiary or other 
motion, it proceeds rather on the theory 
that it has some direct bearing on the main 
subject, or that the principal subject is in 
some way brought in question. 

Speakers in Congress have decided, and 
the decisions have been sustained by the 
House, that inasmuch as the motion to lie 
on the table is not debatable, so the motion 
to reconsider must be taken without de- 
bate.* 

But as we have seen such is not the 
uniform rule in legislative or deliberative 
assemblies.")" But in adopting the rule 
allowing debate on a motion to reconsider 
it would seem as if the debate should be 
confined as much as possible to the rea- 
sons for or against reconsideration. This 
it is true may to a certain extent, inci- 
dentally reach the merits of the ques- 
tion. 
* Matthias' Manual, 92. f See ante p. 67. 



'The Casting Vote." 95 



''The Casting Vote." 

By the Constitution of the United States 
the Vice President is President of the 
Senate, but it is provided that he shall 
have no vote, unless the Senate is equally 
divided.* The like provision exists in re- 
gard to Lieut. Governor in the several 
States of the Union. In cities and other 
municipal corporations of this kind, in 
many instances, the Mayor or principal 
ui£cer of the corporation is made presid- 
ing officer of the city or corporation coun- 
cil; but not being a member of the council, 
provision is made that he shall have no 
vote, unless where the council is equally 
divided. This, in common speech, is 
called the canting vote. 

But in all deliberative assemblies like 
the House of Representatives in Congress, 
the popular branch of the legislative as- 
semblies of the several States, mass meet- 
ings of the people, meetings of societies 
and the like, where the presiding officer is 
chosen from the assembly or meeting, and 

* Const. TJ. S., Art. 1, Sec 3. 



^0 Parliamentary Law. 

thus constituting one of their number, the 
presiding officer has a vote on all ques- 
tions the same as any other member. But 
in case of a tie vote so called, or in case where 
the members are equally divided, in the 
absence of any rule of the assembly, or 
provision of the Constitution or Statute to 
the contrary, the pending measure would 
be lost. 



"The Enacting Clause." 

In the early history of legislation in 
the English parliament we are informed 
that acts of parliament were in general 
passed in aid of or to cure defects in the 
common law. And the early custom in 
preparing bills for acts was to commence 
with a preamble reciting the defects in 
the law complained of, or whatever else 
seemed required, and to conclude with a 
provision as circumstances demanded. 
This provision would, as a general thing, 
be very short and comprised in a single 
clause; hence it was called the enacting 
clause to distinguish it from the preamble 



The Enacting Clause. 97 



of the bill, so that a bill for an act of 
parliament was composed of two parts, 
the preamble and the enacting clause. It 
was called the enacting clause because its 
office or functions were to declare or 
create the law. In common speech it was 
referred to simply as the clause. 

G-urdon in his history of the high court 
of parliament, published in 1731, in refer- 
ring to an act of parliament passed in the 
reign of Richard II, says: "To save the 
reader the trouble of having recourse to 
the act of parliament I transcribe the en- 
acting clause of the statute of Richard II: 
"If any person of the Realm having 
" summons to parliament," etc. Here fol- 
lows the provision of the act in twelve 
lines only comprised in a single clause. 

In time, however, as will be noticed by 
reference to the English statutes, the pro- 
visions of acts of parliament became drawn 
out into several clauses or sections so that 
the term clause was no longer applicable, 
whereupon this portion of the act became 
known as the enacting icords. 

From the earliest time we find that in 
7 



98 Parliamentary Law. 

framing or enacting laws certain forms of 
words were used preceding- the enacting 
clause, called the style of the act; the office 
thereof being to show by what authority 
the statute is enacted. Thus in the reign 
of Henry VII, says the writer before men- 
tioned:* "The style of Acts of Parliament 
in Heury YII's time, is by the assent of . the 
Lords, spiritual and temporal, and Com- 
mons in Parliament assembled,'" etc. So 
that we have in an act of parliament the 
preamble, the style, and the enacting clause, 
which latter part, as we have seen, later on 
became referred to as the enacting words. 

The Constitution of Illinois declares 
that "The style of all laws of this State 
shall be: Be it enacted by the People of 
the State of Illinois, represented in the 
General Assembly. "f And a similar pro- 
vision prescribing the style of laws exists 
in most other States of the Union, which 
seems to have been borrowed from the 
English precedent in regard to statute 
laws. 

* 2 Gurdon's Hist, of Parliament, 
t Const. 111. Art. 4, Sec. 11. 



The Enacting Clause. 



It seems that in practice in the English 
parliament a very effectual and convenient 
motion became adapted for rejecting bills 
where their provisions were not favorably 
received; that of a motion to strike out 
the enacting clause, which if no further 
action was taken was a rejection or defeat 
of the bill. 

Some law writers of the present day in 
referring to our statutes speak of the style 
of .acts of the Legislature as the enacting 
clause or enacting words, while from the 
earliest time these words, Be it enacted, etc., 
or those performing the like office, have 
been known as the style of the laws, and 
to refer to them as the enacting clause can- 
not be regarded otherwise than an un- 
pardonable misnomer. In some legisla- 
tive assemblies in this country where the 
motion to strike out the enacting words or 
enacting clause of bills has been adopted 
the same erroneous misapplication of terms 
is practiced. 

In practice it becomes material as to 
whether a motion of this kind is to be 
applied to the mere style of the bill, or the 



100 Parliamentary Law. 

enacting words which follow it; for the 
effect of such a motion being carried in 
the affirmative would be widely different in 
either case.* The fact is the style of the 
bill beiog added to laws by force of the 
Constitution, a motion to strike it out of a 
bill would not strictly be in order and ought 
not to be entertained. 

If it is understood that a motion to 
strike out the enacting words or clause, if 
carried in the affirmative, removes the 
style from the bill, no effect whatever is in 
reality produced thereby. The bill itself 
is still pending before the assembly, and 
may, nevertheless, be advanced to its final 
consideration. The style is a formality 
which may be added even at the time the 
bill is engrossed. The better practice at 
this day of voluminous bills would be to 
change the form of this motion to a mo- 
tion to strike out all after the style of 
the bill. Indeed, in some legislative 

* For after the enacting words following the style of 
the bill are stricken out, it would still be in order, in the 
absence of any special rule to the contrary to move to 
insert other words in their stead. 



Use of the Gavel. 101 

assemblies this form of motion has been 
adopted. * 



Use of the Gavel. 

At this day a gavel or small mallet is 
used by the presiding officer in legislative 
bodies and other deliberative assemblies. 
The use of this implement in such assemb- 
lies appears to be of modern custom, 
which seems to have had its origin in 
Masonic lodges, wherein it came into use 
by the master or presiding officer, bor- 
rowed from operative masonry as in the 
case of all other emblems used also in 
speculative free masonry. This implement 
was originally made use of by operative 
masons to break off the rough corners of 
stones the better to fit them for the build- 
ers' use. 

* The error of calling the style of laws the enacting 
clause seems to come from the suggestive fact that the 
word enact occurs therein, and it may be answered that 
it is immaterial what name we apply to an object so long 
as the intention is understood. Conceding this to be so, 
still the point in this case is that the motion to strike out 
the style of the bill by any name whatever is improper, 
and unknown to parliamentary law. 



102 Parliamentary Law. 

In forming lodges in speculative masonry 
the gavel, called in masonry "the commcn 
gavel," or "stone hammer," seems to have 
been naturally suggested as a proper imple- 
ment to be used by the master in perform- 
ing the functions or duties of his station 
while presiding over his lodge. 

In speculative masonry, so-called, the 
common gavel is adopted as an emblem of 
authority, and as such it has a language 
by custom accompanying its use to the 
effect following: 

One rap calls the lodge to order and 
calls up any member addressed by the 
master- Two raps calls up the officers of 
the lodge. Three raps calls up all the 
members and one rap seats them. 

It would seem, therefore, that legisla- 
tive and other deliberative assemblies in 
borrowing this implement from the source 
mentioned, should, as far as the same can 
be adopted to such occasions, take with it 
and use the language attending it as the 
same has been employed time out of mind. 

In the use of the gavel in deliberative 
assemblies one rap will call the assembly 



Use of the Gavel. 103 

to order, and indicate that members are 
requested to be seated. In requesting 
members to rise on any occasion as in case 
of prayer by the chaplain, in imitating 
the custom in masonic lodges, three raps 
would suffice for that purpose, following 
which one rap would seat them. 

In calling the assembly to order only 
one rap of the gavel should be given. It 
frequently occurs that a person is chosen 
presiding officer who, not having given at- 
tention to the proper use of the gavel, 
uses it indiscriminately according to his 
own notions of its proper use; in such 
cases in calling the assembly to order the 
chances are that he will start out with 
three loud distinct raps, having the idea 
that the more raps he gives the more 
effectual is his effort to command atten- 
tion. This is an inexcusable error in the 
use of the gavel. 

It is noticed that presiding officers fre- 
quently fall into another error in the use 
of the gavel, which is not only in bad 
taste, but may be carried to that extent as 
to be exceedingly annoying and will 



104 Paeliamentary Law. 

entirely fail of the object sought: Where 
noise and confusion occurs in the assembly 
in commanding silence, he himself par- 
taking of the excitement of the occasion, 
commences to rap with his gavel with great 
force upon the desk beford him, repeating 
and continuing the same as if pounding 
stone or driving an obstinate nail until 
order is finally restored. 

When noise or confusion occurs in a 
deliberative assembly to such extent as to 
require the attention or interference of 
the presiding officer for its suppression, 
the more proper course on his part is to 
reverse his gavel, employing the handle 
and giving with the same a rapid succes- 
sion of raps on his desk sufficient to at- 
tract attention, and thereupon request 
silence. If such course will not restore 
order, it is certain that the use of the 
gavel in any more demonstrative manner 
will fail of that end. 

According to the general rule in con- 
ducting the proceedings of the assembly 
in good taste on the part of the presiding 
officer, one rap of the gavel is all that is 



Use of the Gavel. 105 

required on any occasion, and while 
one rap will call the assembly to order, 
the same will be proper to announce 
that any particular order of business is 
closed, or for commanding the attention 
of members for any purpose, and one rap 
should be given when declaring the assem- 
bly adjourned. Indeed, in conducting the 
proceedings of deliberative assemblies 
there would seem to be no instance in the 
proper use of the gavel adapted to such 
occasions where more than one rap would 
be proper or in good taste. 

Another rule should be observed by the 
presiding officer in conducting the pro- 
ceedings of the assembly on his part in 
good taste. Having called the assembly 
to order, the better course is to drop the 
gavel upon his desk, there to remain until 
occasion calls for its proper use. Pre- 
siding officers frequently fall into the 
habit of holding the gavel constantly in 
their hands, and in recognizing a member 
who rises to address the chair, they throw 
out the head of the gavel towards him 
with force as if to strike him a blow, This 



106 Parliamentary La 



is a habit which should be avoided. 
It is not intended that the gavel 
should be used for any such purpose. 
The presiding officer iu recognizing a 
member who rises to address the chair, if 
he desires any particular demonstration 
on his part aside from the general rule to 
indicate to a member that he is recog- 
nized, * may manifest the same by a 
waive of the hand in the direction of the 
member. Nothing further would seem to 
be necessary. 



Deportment of Members. 

In legislative assemblies the deportment 
of members, and courtesy among them- 
selves during their official intercourse, is a 
matter justly claiming attention. 

Tnere are in everyday life certain rules 
of deportment on the pert of individuals 
incident to good breeding, which every 
one is expected to observe, all tending to- 
wards good order and a more finished 
state of society. So in legislative assem- 
*See ante page 43. 



Deportment of Members. 107 

blies, there are, or should be, certain rules 
of decorum or standard of deportment at- 
tended by a degree of courtesy between 
members which all are expected to ob- 
serve as a mark of respect on official occa- 
sions of this importance. 

It should be borne in mind that occa- 
sions of this kind are riot in the nature of 
social gatherings for personal amusement 
or individual gratification, in which mem- 
bers are at liberty to adopt or disregard 
rules as may seem best in rendering the 
occasion most enjoyable to themselves, 
but is one strictly of official character, in 
which no member has any private con- 
cern. Nor is he at liberty to indulge in 
such conduct as might be permitted in 
gatherings of individuals for mere social 
purposes. The conduct of members is 
expected to be such as will constantly im- 
press upon the mind the importance of 
the occasion and the responsibility resting 
upon each. 

The association of members being for 
official purposes, their deportment and 
bearing towards each other should be 



108 Parliamentary Law. 

regulated accordingly, and that which 
might be proper, or at least not objection- 
able in a gathering for mere social pur- 
poses, might be highly improper in an assem- 
bly of this kind convened for official pur- 
poses. 

In social intercourse between persons of 
intimate acquaintance, in addressing each 
other, familiarity is not only not improper, 
but indeed to a certain extent at least, is 
expected, while in a legislative assembly 
between members the same degree of 
familiarity would in general be a breach 
of good rules. For instance in such as- 
semblies members in their intercourse as 
such are expeceed to address each other 
as "Mr." 

The appellation of "Joe," "Jack" or 
"Jim" may not be objectionable in social 
intercourse among intimate friends under 
certain circumstances, but among mem- 
bers of a legislative assembly this would 
be a breach of etiquette which ought not 
to be indulged in at any time, whether it 
be while engaged in the line of official 
duty or on other occasions during the 



Deportment of Members. 109 

time their relation as members continues 
to exist. 

It is said of Henry Ciay, -whose own 
personal deportment was that cf a pol- 
ished gentleman, that while Speaker of the 
house of representatives in Congress, his 
aim was to enforce strictly all rules of 
order as to conduct of members, in which he 
went to the fullest extent, even whenever 
he observed a member who in disregard of 
proper decorum w r as noticed with his feet 
upon the desk or table in front of him — a 
boorish habit sometimes indulged in, he 
always took occasion in some manner least 
offensive to promptly call him to order. 

So there are certain rules of conduct 
among members, requiring of them, at 
least whilst their official relations exist, 
that they refrain from speaking ill of each 
other, and forbear to indulge in unjust 
criticisms on the course or conduct of fel- 
low members ; and this as well in debate 
as on other occasions. The public inter- 
ests are supposed to be jeopardized to the 
extent that bitterness of feeling among 
members is allowed to be engendered. 



110 Parliamentary Law. 



Peculiarities of Legislation in 
Parliament. 

In the British Pailiament the bills are 
engrossed on one or more long rolls of 
parchment, sewed together. When a bill 
is amended on third reading, if a new 
clause is added, it is done by tacking a 
separate piece of parchment on the bill, 
which is called a rider. 

In the House of Commons, the members 
vote "aye" or "uo." In the House of 
Peers, they answer "content," or "not 
content." 

The King's answer to the bills presented 
to him for his approbation, is announced to 
the House by the clerk in Norman French. 
If the King consents to a public bill, the 
clerk says Le roy le veut, (the King wills it 
so to be;) if to a private bill, Soit fait 
comme il est desire, (be it as it is desired.) 
If the King refuses his consent, it is in the 
gentle language of Le roy s'auisero, (the 
King will advise upon it.) 

The title Speaker is given to the presid- 



Peculiarities of Legislation. Ill 

ing officer of the House of Corainons, be- 
cause he alone has the right to speak to or 
address the King, in the name and in be- 
half of the house.* His salary and per- 
quisites amount to about £8,000 per annum. 
When the House of Commons divides, 
in order to take a vote, one party goes out, 
and the other remains in the room. This 
has made it important which go forth first 
and which remain, because the latter 'se- 
cure the votes of all the indolent, the in- 
different, and the inattentive. Their gen- 
eral rule, therefore, is thai those who give 
their vote for the preservation of the or- 
ders of the House, stay in. The one party 
being gone forth, the Speaker names two 
tellers from the affirmative, and two from 
the negative side, who first count those sit- 
ting in the House and report the number 
to the Speaker. They tben place them- 
selves within the door two on each side, 
and count those who went forth, as they 
come in, and report the number to the 
Speaker. 

* See ante, p. 30. 



112 Parliamentary Law. 



Language of Parliamentary Law. 

As a general rule every trade, occupa- 
tion and profession, has a language or 
class of terms peculiar to itself, growing 
out of attending circumstances and condi- 
tions; so it is with Parliamentary Law; 
and not only tliis, but the rule in this re- 
gard is held by good parliamentarians to 
the utmost strictness 

The lawyer in discussing his case before 
the Court is expected to use terms belong- 
ing to his profession, and his learning as 
a lawyer and familiarity with rules of law 
will be marked in a greater or less degree,, 
according to his observance of terms, rec- 
ognized as belonging to the profession. 
So a good parliamentarian will be found 
using those terms, which have been settled 
time out of mind, as applicable in deliber- 
ative assemblies. Any neglect in this 
regard by members of a deliberative 
assembly, or misapplication of terms will 
be taken as evidence of the want of a 
proper appreciation of the rules of parlia- 
mentary law. 

For instance, in Legislative Assemblies 



Language of P akli amen tab y Law. 113 

we hear members thoughtlessly using the 
expression: " The bill was killed." Farm- 
ers tell us about killing their hogs, and in 
their occupation it is not an inappropriate 
term to apply in such cases, but an ex- 
pression of this kind concerning proceed- 
ings in a legislative assembly is, to say 
the least, far from being appropriate. 

A bill for an act in a legislative assembly 
which fails to pass on the question of its 
passage being taken, in proper terms is 
said to be lost, or it has failed to pass, or 
the bill was defeated. In bringing meas- 
ures before a legislative assembly, the three 
customary modes are as follows: by peti- 
tion, by resolution, or by bill. In proper 
speech petitions are presented, resolutions 
are offered, and bills are introduced; to 
say that a bill or resolution was presented 
is not a proper expression in parliamen- 
tary proceedings. 

Good parliamentarians adhere strictly 
to the foregoing terms with reference to 
petitions, resolutions and bills. And in 
debate we say in referring to measures of 
the kind pending " the petition presented 



11.4 Parliamentary Law. 

by the gentleman from A."; "the resolu- 
tions offered by the gentleman from B."; 
"the bill introduced by the gentleman 
from C." 

In legislative assemblies bills undergo 
three several readings, styled the first* 
second and third reading, each of which 
comes in a separate order of business. In 
referring to bills in these several stages 
they are designated by the reading in 
which they lie, and on taking up bills on 
these several readings, the term would be: 
consideration of bills on first reading, con- 
sideration of bills on second reading, con- 
sideration of bills on third reading; after 
a bill has been read the third time, the 
question recurs on the passage of the bill, 
which is put by the presiding officer in this 
manner: "Shall the bill pass?" Hence 
has arisen an erroneous practice with 
members when referring to bills on third 
reading of saying, bills on their paszage. 
This literally taken would imply an obliga- 
tion on the part of the assembly to pass 
the bill; this is an inappropiate term; the 
proper parliamentary expression in such 



Language of Parliamentary .Law. 115 

cases is, consideration of bills on tfdrd read- 
ing. 

A motion that the House proceed to the 
passage of bills, would be grossly inappro- 
priate; the motion should be that the House 
do now proceed to the consideration of bill 
on third reading. And as before stated 
after a bill has been read the third time, the 
question will recurr without an}; motion 
whatever on the passage of the bill, that 
is, the pending question will be " shall the 
bill pass," as before remarked. 



Parliamentary Law in Secret 
Societies. 

There are classes of societies in existence 
at this day which are called Secret Socie- 
ties, from the fact that their meetings are 
open to those only who are members; 
going upon the principle that no one but 
their members have any concern in their 
affairs. 

The oldest of these is the Masonic order 
or order of Free Masonry which is traced 
by some to the building- of Solomon's tern- 



116 Parliamentary Law. 

pie, and it is said the architects from the 
African coast, Mahometans, brought it in- 
to Spain about the sixth centuiy as a pro- 
tection against Christian fanatics. Its in- 
troduction into Great Britain has been 
fixed at the year A. D. 674, although by 
other authorities it is assigned a much 
earlier date. The grand lodge at York 
was founded A. D. 926. Free Masonry 
was interdicted in England A. D. 1424, but* 
it afterward rose into great repute. In 
1717 the grand lodge of England was es- 
tablished; that of Ireland was established 
in 1739, and that of Scotland in 1736. 

Next came the order of Odd Fellows, 
which had its rise in England during the 
past century, and which like other secret 
societies that have followed are to a greater 
or less extent in imitation of Masonry. 

These societies in general, conduct their 
proceedings in the manner of deliberative 
assemblies; hence, the rules of parlia- 
mentary law are to a certain extent appli- 
cable in conducting the same, qualified or 
restricted according to their constitutions 
and by-laws, or ancient rules and usages. 



Secret Societies. 117 

In the Masonic lodge, the master or pre- 
siding officer, so far as the ancient land- 
marks so called are concerned, possesses 
absolute or supreme authority and is not 
in general obliged to recognize in this re- 
spect rules of parliamentary law. 

But in all those matters which relate to 
the financial or mere business affairs of 
the lodge, it is intended that the brethren 
or members shall have an equal voice. In 
such cases it would follow that the rules 
of parliamentary law governing delibera- 
tive assemblies should be observed. 

One of the essentials in societies of this 
kind, is harmony among its members. 
This being so, it would follow that such 
rules should be observed in conducting 
their proceedings as will tend to that end. 
From which the policy would be to disre- 
gard many of those dilatory motions that 
have been introduced into parliamentary 
law, and which tend to delay, hinder or 
obstruct proceedings, whereby advantage 
may be derived on mere technicalities and 
through which discussion might be pro- 
longed and bad feeling engendered. 



118 Parliamentary Law. 

In proceedings in a Masonic lodge there 
is no such thing as privileged questions as 
understood in parliamentary law; such 
questions would be inconsistent with the 
power which the ancient landmarks have 
reposed in the master of the lodge, so in 
a Masonic lodge there is no such motion 
as a motion to adjourn; questions of this 
kind being regulated by the ancient con- 
stitutions of the order, so there would 
probably be no such motion as a motion to 
lay on the table; in its stead, however, may 
be adopted a motion serving the like or 
even a better purpose, that of a motion to 
postpone, which if it related to the mere 
business affairs of the lodge would be 
proper. 

A motion to refer a principal proposi- 
tion would also be proper; but a demand 
for the previous question would be incon- 
sistent, for the power vested in the mas- 
ter by the ancient constitutions would 
authorize him in his discretion to order 
that which would be accomplished by a 
call lor the previous question. 

All that which is regulated in the Ma- 



Secket Societies. 119 

sonic order by its ancient constitutions or 
landmarks so called, is excluded from the 
operation of parliamentary law. Ques- 
tions arising in such cases are submitted 
by the master of the lodge to the mem- 
bers merely to aid him in the performance 
of his duties, or the exercise of his dis- 
cretion through such advice as he may 
thereby obtain from them. 



Summary of General Rules. 



PARLIAMENTARY LAW. 

1. Parliamentary law consists of rules 
which are recognized as governing proceed- 
ings in deliberative assemblies. 

2. It is so called from the rules of order 
existing from long established usage in the 
British parliament. 

3. By custom the general rules of parlia- 
mentary law apply in all deliberative as- 
semblies without the necessity of being 
formally adopted. 

DELIBERATIVE ASSEMBLIES. 

1. A deliberative assembly is a congrega- 
tion of people or convention of persons for 
the consideration of matters in which all 
are concerned, or in which all have an 
equal voice. 

2. A small number of persons forming a 
mere executive board is not considered 
strictly a deliberative assembly, to which 
the rules of parliamentary law are neces- 
sarily applicable to any general extent. 

3. A deliberative assembly can not pro- 
ceed to business until properly organized. 



122 Parliamentary Lai 



officers. 

1. A deliberative assembly is not prop- 
erly orga ized until officers are chosen and 
installed. 

2. The officers necessary are a president 
or chairman and secretary or clerk ; other 
officers may be added as circumstances may 
dictate. 

3. The cnairman or president presides, 
and the secretary or clerk records the pro- 
ceedings of the assembly. 

QUORUM. 

1. A quorum is a majority of the mem- 
bers of the assembly. 

2. The business of an assembly can not 
properly proceed unless a quorum is present. 

3. The number constituting a quorum 
may be otherwise fixed by the rules of the 
assembly. 

4. All questions are determined by a 
majority vote of the members present con- 
stituting a quorum. 

MANNER OF PRESENTING BUSINESS. 

1. Every member of a deliberative as- 
sembly has the right to present propositions 
for the action of the assembly. 

2. Business is generally introduced by a 
motion. 



SUSTMABY OF GeNEEAL EuLES 123 

3. A motion is a verbal or oral proposi- 
tion of a member. 

4. Propositions may also be submitted by 
a commit! ee, which is called their report. 

5. Propositions offered by members, ex- 
cept mere motions in the progress of pro- 
ceeding, should be reduced to writing and 
may be required to be put in writing on 
demand of a member. 

6. A proposition when reduced to writing 
is generally in the form of a resolution, 
commencing with the word " Resolved." 

7. Subjects for action may be set in mo- 
tion also by a communication to the as- 
sembly. 

8. Communications for this purpose are 
of two kinds: First, for information of 
the assembly in matters of fact called a 
memoiial; second, those which contain a 
request for some action on the part of the 
assembly called a petition. 

9. The technical difference between a 
memorial and a petition is, that the former 
is a mere representation of existing facts 
whilst the latter is a request that something 
be done. 

10. In presenting a petition the custom 
is for the member presenting it to state the 
substance of the same, describing it as the 
petition of , naming the person first sign- 



124 Parliamentary Law. 

ing it and the Dumber of other signers, 
thus: "The petition of A. B. and one 
hundred other signers," or as the case may- 
be. 

11. When a petition is presented the 
custom is to receive it as a matter of course 
without any formal motion to that effect. 

12. In general no proposition or question 
can be acted upon except on motion or at 
the instance of a member. 

13. In case of a resolution offered by a 
member or report from a committee the 
question recurs upon concurring in the 
same without the necessity of a formal mo- 
tion to that effect. 

14. The offering of a resolution by a 
member or submitting a report by a com- 
mittee carries with it or implies a motion 
that the same be adopted or concurred in. 

15. No member is entitled to make a 
motion or present a proposition until he has 
obtained the floor for that purpose. 

16. The manner of obtaining the floor is 
for a member to rise in his place and address 
the presiding officer by his title; on being 
recognized he has obtained the floor and is 
entitled to proceed. 

17. A motion is not before the assembly 
for consideration until stated by the pre- 
siding officer. 



Summary of General Rules. 125 

18. Where a motion or proposition is in 
writing it is not properly before the assem- 
bly until it has been read. 

19. When a proposition is offered or a 
motion is made and seconded it becomes the 
property ot the assembly, and can not be 
withdrawn or modified by the mover ex- 
cept by leave of the assembly on motion or 
by general consent. 

20. The presiding officer should rise to 
put motions or state questions for considera- 
tion. 

21. After a vote has been taken on a 
question and the result declared by the pre- 
siding officer it becomes final, subject to re- 
consideration in certain cases. 

22. If any member doubts the result of 
the vote when taken viva voce, before the 
result is declared he may call for a division 
of the house. 

23. A division of the house on any ques- 
tion, is by those in the affirmative rising 
and being counted, then by those in the 
negative rising and being counted. 

24. If any member doubts the result of 
the vote by dividing the house, he may call 
for tellers to ascertain and report the vote 
taken by them. 

25. In appointing tellers it is customary 
to appoint one person from the affirmative, 



126 Parliamentary Law. 

and another person from the negative side 
of the question. 

26. When a division of the house is de- 
sired or tellers are demanded, it must be 
called for before the result has been finally 
declared by the presiding officer. 



Motions in General. 

DIFFERENT KINDS OF MOTIONS. 

1. There is presumed to be always pend- 
ing a principal motion or main question. 

2. When a proposition is made it is usu- 
ally cailed a motion] when it is stated to the 
assembly by the presiding officer for con- 
sideration it is called a question, and if 
adopted it becomes the order, resolution or 
vote of the assembly. 

3. Motions or questions aside from the 
principal motion in a deliberative assembly 
are: 1. Subsidiary motions. 2. Privileged 
questions. 3. Incidental questions or mo- 
tions. 

First: Subsidiary motions in common use 
are, 1. To lie on the table. 2. The previous 
question. 3. Postponement, either indefi- 
nite or to a time certain. 4. Commitment. 
5. Amendment. 

Second : Privileged questions or motions 



Summary of General Rules. 127 

are, 1. Motions to adjourn. 2. Motions or 
questions relating to rights and privileges of 
the assembly or to its members individually. 
3. Motions for the orders of the day. 

Third: Incidental questions are, 1. Ques- 
tions of order. 2. Motions for the reading 
of papers, etc. 3. Leave to withdraw a mo- 
tion. 4. Suspension of a rule. 5. Amend- 
ment of an amendment. 

PRINCIPAL MOTIONS. 

1. A principal motion is a proposition 
embracing some principle or asserting some 
fact brought before the assembly for consid- 
eration. 

SUBSIDIARY QUESTIONS. 

1. Subsidiary questions or motions are 
those which relate to a principal motion and 
are made use of to enable the assembly to 
dispose of the main or principal question in 
a particular way, as indicated by this class 
of questions. 

2. Subsidiary questions, unlike privi- 
ledged and incidental questions, can only be 
pending or moved when there is a principal 
question pending to which they may be ap- 
plied. 

3. Subsidiary questions are dilatory in 
their nature, as they are intended, in the 
absence of special rules to the contrary, to 



128 Parliamentary Law. 

interrupt or prevent a direct vote on the main 
question, and dispose of it in some other 
manner. 

PRIVILEGED QUESTIONS. 

4. Privileged questious or motions are in 
general independent questions, having no 
reference to the main question, but which 
may be pending while the main proposition 
and subsidiary motions thereto are pending. 

INCIDENTAL QUESTIONS. 

1. Incidental questions are in general 
such as arise out of other questions, and are 
to be decided before those which give rise to 
them. 



Motions and Manner of Pro- 
ceeding. 

GENERAL RULES. 

1. A motion is simply a proposition of a 
member as his individual sentiments, which 
he desires the assembly to adopt. 

2. Where a proposition offered is adopted, 
it becomes the conclusion or sense of the 
assembly. 

3. A proposition by a single member is 
not considered as sufficient to claim atten- 
tion ; it is therefore required that it should 



Summary of General Rules. 129 

be approved or seconded by one other mem- 
ber. 

4. When a motion is seconded, the mover 
is entitled to have it put or disposed of by 
the assembly. 

5. The mode of seconding a motion is by 
some member other than the one who offers 
it, announcing his approval of the same by 
saying that he seconds the motion. 

6. All motions are presumed to be sec- 
onded, unless the point is made and the 
contrary is shown. 

7. In good practice a presiding officer 
does not pause to inquire if a motion is sec- 
onded ; he will presume that it is seconded 
and proceed to put the motion, unless the 
contrary is made to appear. 

8. It is not in order for a member when 
he obtains the floor and makes a principal 
motion, to follow it up at the same time with 
a subsidiary or other motion relating to it, 
as a motion that it lie on the table. 

9. Where it is desired to delay or post- 
pone a proposition for further information 
or reflection and examination, the usual 
motions under such circumstances are post- 
ponement to tome future day or time, and to 
lie on the table. 

10. Where it is desired to suppress a prop- 
osition for a time, or altogether, the motions 

9 



130 Parliamentary Law. 

for this purpose are the previous question brad 
indefinite postponement. 

11. Where it is desired to inquire into or 
perfect a proposition, the proper course is to 
refer it to a committee, called a motion to 
commit. 

12. Where the general feature s of a prop- 
osition are acceptable, but alterations in 
some particular are desired, the motion for 
that purpose is a motion to amend. 

SUBSIDIARY MOTIONS- 

1. Lie on the Table. 

1. Where a proposition is laid on the 
table its consideration can not be resumed 
without a vote to that effect. 

2. A motion to lie on the table is not de- 
batable nor susceptible of amendment. 

It takes precedence and supersedes all 
other subsidiary motions. 

A vote to lay a proposition on the table 
can not be reconsidered. 

3. Where a proposition is ordered to lie 
on the table, it is removed from before the 
assembly until taken up by vote. 

4. A proposition which has been laid on 
the table may be taken up any time for con- 
sideration, by a vote of the assembly. 

5. A motion to take a proposition from 
the table is not a privileged motion, so it can 



Summary of General Rules. 131 

Dot be properly entertained while some par- 
ticular order of business, or some other par- 
ticular motion is pending. 

6. As a motion to lie on the table is not 
debatable, so a motion to take a measure 
from the table is not debatable. 

7. A motion to take a measure from the 
table is in the nature of a principal proposi- 
tion, and if the motion is lost the vote by 
which it is lost may be reconsidered. 

2. The Previous Question. 

1. Where a member desires a vote to be 
taken on a proposition without further de- 
bate or delay he may move the previous 
question. 

2. The lorm of putting the motion for 
the previous question is: "The previous 
question is moved, shall the main question 
be now put? 7 ' 

3. When a motion for the previous ques- 
tion is sustained whereby the main question 
is ordered, the main question is the original 
proposition with pending amendments, if 
any, each of which is to be disposed of in its 
proper order. 

4. The previous question stands on equal 
degree with all other subsidiary motions, 
except the motion to lie on the table. 



132 Pakliamentary Law. 

3. Postponement. 

1. A motion to postpone indefinitely is 
to be decided without debate. 

2. Where a motion to postpone indefi- 
nitely is decided in the affirmative it removes 
the question before the assembly. 

3. A motion to postpone to a day beyond 
the sitting of the assembly is of the same 
effect as indefinite postponement, 

4. When a motion is postponed to a time 
fixed, when that time arrives it will be in 
order to resume its consideration. 

5. A m< tion to postpone is either indefi- 
nite, or to a time certain. In both cases it 
may be amended ; in the former by fixing 
the time, in the latter by substituting one 
time for another. The latter is treated like 
filling blanks. 

4. Motion to Commit. 

1. A motion to refer a proposition to a 
select committee and a standing committee 
may be made and pending at the same time. 
The latter motion takes precedence and 
should be first put. 

2. A part or the whole of any subject 
may be referred to a committee, or portions 
may be referred to several different com- 
mittees. 

3. After a motion to commit a proposition 



SlJMMAIiY OF General RULES. 133 

a motion to amend the proposition is not in 
order. 

4. A motion to commit may itself be 
amended by substituting another committee 
from that named in the motion, or by en- 
larging or diminishing the number of the 
committee when the motion is to refer to a 
select committee. 

5. When a motion to commit is made, it 
may also be moved that the committee be 
instructed as to their action upon the prop- 
osition. 

6. When a motion to commit is carried 
the effect is to remove the subject involved 
from before the assembly for the time being. 

7. A motion to commit stands in the 
same degree with the previous question and 
postponement, but it takes precedence of a 
motion to amend. 

5. Amendment. 

1. Amending a proposition is either by 
adding words or taking words from it, or by 
transposition of words, or by division of a 
subject, which is accomplished under differ- 
ent modes, which may be classified thus: 
1. Filling blanks ; 2. Striking out ; 3. By 
inserting; 4. Striking out and inserting; 
5. Division of a proposition. 

2. A motion to amend stands in the same 



13 J: Parliamentary Law. 

degree only with the previous question and 
indefinite postponement; neither, if first 
moved, is superseded by the other. It is 
liable to be superseded by a motion to post- 
pone to a certain day and may be superseded 
by a motion to commit. 

1. Filling Blanks. Filling blanks in a 
proposition is in the nature of an original 
motion, to be made and decided before the 
principal question. 

2. In case of filling blanks with time and 
number, motions may be made for that 
purpose, and the motion taken on each by 
itself. Several motions for this purpose may 
be made and pending before any of them 
are put to the question. 

3. In filling blanks, the usual rule is to 
take the question first on the highest num- 
ber, the largest sum, and the longest time, 
to which rule, however, there are some 
exceptions. 

1. Striking Out. If an amendment is pro- 
posed by striking out, and it is rejected, it 
can not be again moved to strike out the same 
words, nor a part of them ; but it may be 
moved to strike out the same words with 
others, or a part of the same words with 
others. 

1. Amendment by Inserting. If an amend- 



Summary of General Kules. 135 

merit is proposed by inserting or adding a 
paragraph or words, and it is rejected, it can 
not be again moved to insert the same words 
or part of them. 

2. Where an amendment is proposed by- 
adding a paragraph or words, and rejected, 
it may be again moved to insert the same 
with others, or a part of the same words or 
paragraph with others, if the coherence 
makes them different propositions. 

1. Striking Out and Inserting. Amotion 
to strike out and insert may be divided by a 
vote of the assembly and each put separately. 

2. When a proposition to strike out and 
insert is divided, the question is first to be 
taken on striking out. On a motion to 
strike out and insert the manner of stating 
l he question is first to read the whole pass- 
age to be amended, as it stands, then the 
words proposed to be struck out ; next those 
to be inserted ; and lastly the whole passage 
as it stands when amended. 

1. Division of a Proposition. Where a 
proposition is composed of two or more 
whole parts which are susceptible of division 
into several parts, it may be divided by order 
of the assembly on motion, as in other cases. 

2. Where a proposition is divided, the 
question divided takes a series of indepen- 



136 Parliamentary Law. 

dent propositions. This may be done by- 
order of the assembly on demand of a mem- 
ber. 

3. On demand or motion for division of 
a proposition, the presiding officer puts the 
question before the assembly for its decision, 
as in other cases. 

4. The presiding officer may decide 
whether the proposition is susceptible of 
division and how many parts it may be di- 
vided into, subject to appeal, as in other 
cases. 

PRIVILEGED QUESTIONS. 

1. Privileged questions are: 1. Motion 
to adjourn ; 2. Motions or questions relating 
to the rights and privileges of the assembly, 
or of its members individually ; 3. Motions 
for the orders of the day. 

1. Adjournment. 

1. A motion to adjourn supersedes all 
other questions. It is not debatable and 
generally can not be amended. 

2. A motion to adjourn to a time fixed 
can be amended by offering some other time, 
and is debatable. 

3. An adjournment for a short time on 
the same day is called a recess. 

4. Whilst the general rule relating to a 
motion to adjourn is" stated to be that it i s 



Summary of General Rules. 137 

always in order, yet when put and carried 
in the negative it can not be again put a 
second time in succession unless some in- 
tervening motion or proposition has been 
entertained and acted upon by the assembly. 

5. Nor can a privileged motion of this 
kind be moved by any member while 
another member has the floor. 

6. An adjournment without fixing a day 
or time on which the assembly shall again 
meet is equivalent to a dissolution of the 
assembly. 

7. When an assembly adjourns while a 
question is pending the question is removed 
from further consideration, and will not be 
pending in the assembly at the time to 
which it adjourned. 

8. A motion to adjourn is not debatable 
and can not be amended, nor can a vote 
thereon be reconsidered. 

2. Questions of Privilege. 

1. Questions of privilege are such as con- 
cern the rights and privileges of the assem- 
bly or individual members, as when the pro- 
ceedings are disturbed or interrupted by 
strangers or members or where a quarrel 
arises between individual members and the 
like. Questions of privilege take precedence 
of all others except that of adjournment. 



138 Parliamentary Law. 



2. Questions of privilege supersede for 
the time being the pending question to- 
gether with all subsidiary and incidental 
questions, and must be first disposed of. 

3. When a question of privilege is settled 
the question interupted by it is to be resumed 
at the point at which it was suspended. 

3. Orders of the Day. 

1. When the consideration ot a subject 
is assigned for a particular day the matter 
so assigned is called the order of the day. 

2. Where there are several subjects as- 
signed for the same day they are called the 
orders of the day. 

3. Where a question is made the subject 
of an order for consideration on a particular 
day, it thereby becomes the privileged ques- 
tion for that day. 

4. A motion for the orders of the day 
supersedes all other motions except ques- 
tions of privilege and motion to adjourn 
even though a member has the floor. 

5. But to entitle this motion to supersede 
the questions as aforesaid it must be for the 
orders generally if there be more than one, 
and not for any particular one. 

6. If decided in the affirmative the orders 
are then proceeded with in the order in 
which they stand. 



Summary of General Rules. 139 

7. Where an order is assigned for any 
particular hour of the day, a motion to pro- 
ceed to it is not a privileged motion until 
that hour has arrived, but if no time is fixed 
the order is for the entire day and every 
part of it. 

8. Where there are several orders of the 
day and one is fixed for a particular hour, 
if the others are taken up before that hour, 
they are to be proceeded with as they stand 
until that hour, and then the subject as- 
signed for that hour is to be next in order. 

9. Where a motion for the orders of the 
day is decided in the affirmative, the ques- 
tion pending at the time is removed from 
before the assembly the same as if it had 
been interupted by an adjournment. 

10. If the motion is decided in the nega- 
tive it is a discharge of the orders so far as 
they interfered with the consideration of 
the subject then pending. 

11. Orders of the day unless proceeded in 
and disposed of on the day assigned, fall, of 
course, and must be renewed for some other 
day, or they will be thereby no longer pend- 
ing. 

12. Where a call for the orders of the day 
is voted down, the orders of the day stand 
postponed indefinitely and other business 
prevails. 



140 Parliamentary Law. 

13. Where a call for the order of the day 
prevails all other business is suspended. 

14. A call for the order of the day is not 
debatable and is not subject to amendment. 

INCIDENTAL QUESTIONS. 

1. Questions of Order. 

1. It is the duty of the presiding officer 
to enforce the rules and order of the assem- 
bly without question, debate or delay. 

2. It is the right of every member taking 
notice of the breach of a rule to insist upon 
the enforcement of it. 

3. Questions frequently arise as to there 
being a breach of order in a violation of 
rules ; these are called questions of order. 

4. When a questiou of order arises in the 
course of any other proceeding, it super- 
sedes the further consideration of the sub- 
ject out of which it arises until the question 
of order is disposed of. 

5. When a question of order is settled 
the original motion or proceeding revives 
and resu i es its former position unless it 
has been disposed of by the question of 
order. 

6. When a question of order is raised by 
a member it is not stated from the chair and 
decided by the assembly, but it is stated by 
the member raising it, and decided in the 



Summary of General Rules. 141 

first instance by the presiding officer with- 
out debate. 

7. The presiding officer may before giving 
his decision on a question of order raised in- 
vite the opinion and advice of experienced 
members present on the subject. 

8. Where a decision of the presiding 
officer on a question of order is not satis- 
factory, any one member may object to it 
and have the question decided by the assem- 
bly, called an appeal from the decision of 
the chair. 

9. On appeal from a decision of the chair 
on a question of order, the presiding officer 
is allowed to take part in the debate, from 
his place in the chair. 

10. Questions of order are those raised by 
any member as to a breach of any rule. It 
is the privilege of any member to raise ques- 
tions of order. 

2. Reading Papers. 

1. Reading of papers brought before an 
assembly may be called for by any member. 

2. Where papers are brought before the 
assembly for action, every member has a 
right to have them read once at the table 
before he can be compelled to vote on them. 

3. But where a member desires the read- 
ing of a paper or other matter, not before 



142 Parliamentary Law. 

the assembly for action, or to read his own 
speech, printed or in writing, if objection is 
made, the reading can not proceed without 
leave of the assembly. 

4. Where in the course of debate or other 
proceeding the reading of a paper is called 
for, and a question being made as to its be- 
ing read, this question is incidental to the 
former, and must be first decided. 

3. Withdrawal of a Motion. 

1. A motion regularly made and stated 
from the chair, or proposition regularly 
pending, is in possession of the assembly and 
can not be withdrawn, except by leave or 
vote of the assembly. 

2. Where leave is granted to withdraw a 
motion, the withdrawing of the same takes 
with it all pending motions directly relating 
to it. 

3. A motion for leave to withdraw a mo- 
tion is not debatable. 

4. Smpension of a Rule. 

1 . The suspension of a rule, where special 
rules are existing, may be ordered by vote 
of the assembly to consider a proposition 
which would not otherwise be in order. 

5. Amendment to an Amendment. 

2. Where a motion to amend an amend- 



Summary of General Rules. 143 

merit is made, such motion must be first put; 
if carried in the affirmative, the question 
then recurs on the amendment as amended. 

3. The motion to amend an amendment 
is incidental to the latter and supersedes it 
for the time being. 

4. It is proper to move to amend a pro- 
posed amendment, but a vote to further 
amend it can not be entertained. 



Of Reconsideration. 

1. In the absence of any express rule, a 
principal question disposed of by vote of 
the assembly, either in the affirmative or 
negative, may be reconsidered by vote of 
the majority, on motion, as in other cases. 

2. A motion to reconsider being decided 
in the negative, it is a final disposition of the 
question and can not be again moved. 

3. In the absence of any special rule of 
the assembly, a motion to reconsider may 
be made by any member, without reference 
to whether he voted in the affirmative or 
negat ve on the original question. 

4. Where a motion to reconsider prevails, 
the question pending will be on the original 
proposition, the same as it stood before any 
vote thereon was taken, and in like manner 
again open to debate. 



144 Parliamentary Law. 

5. A motion to reconsider applies in gen- 
eral to a principal question, or some material 
motion. It does not apply to incidental 
motions, and the like. 



Of Committees. 

DIFFERENT KINDS OF COMMITTEES. 

1. The committees in deliberative assem- 
blies are: 1. Standing committees. 2. Se- 
lect committees. 3. Committee of the 
whole. 

STANDING AND SEL.ECT COMMITTEES. 

2. Standing committees are those ap- 
pointed to stand during the term of the as- 
sembly. 

3. Select committees are those appointed 
to consider a particular subject. 

4. Committee of the whole is a commit- 
tee comprised of all the members of the 
assembly, to consider any subject referred 
to them. 

5. Standing and select committees in the 
absence of any express rule or vote of the 
assembly are appointed by the presiding 
officer. 

6. The first i erson named on a committee 
is considered the chairman, but in the ab- 
sence of any rule or custom to the contrary 



Summary of General Rules. 145 

the committee may appoint one of their 
number as chairman. 

7. It is the duty of a committee to report 
their opinion on the merits of the questions 
referred to them, either for or against them, 
but they may forbear an opinion and ask to 
be discharged from further consideration of 
the subject. 

8. A committee can not properly in their 
report recommend dilatory action, as that 
the subject be laid on the table, postponed, 
referred to some other committee, and the 
like. 

9. When a report of a committee is made, 
it is customary for the assembly to receive 
the same without any further vote thereon. 

10. When the report of a select commit- 
tee is received the committee are discharged 
without any action of the assembly. 

11. After a report of the committee is 
received, the question recurs on its adop- 
tion, and this without any formal action to 
that end. 

12. After a report is adopted the recom- 
mendation of the committee becomes the 
sense of the assembly. 

COMMITTEE OF THE WHOLE. 

1. A committee of the whole is comprised 
of all the members of the assembly, or- 
ganized as a committee. 
10 



146 Parliamentary Law. 

2. In committee of the whole the strict 
rules of order governing the assembly itself 
in the dispatch of business, are dispensed 
with, and only general necessary rules are 
observed. 

3. If a motion to go into the committee 
of the whole prevails, it is customary for the 
presiding officer of the assembly to designate 
some member to act as chairman, but in the 
absence of any special rule to the contrary 
the committee may disregard such appoint- 
ment and select their own chairman. 

4. In organizing the committee of the 
whole nothing further is necessary than the 
selection of a chairman. The selection of a 
clerk is a matter of discretion of the com- 
mittee. 

5. To constitute a committee of the whole 
for business a quorum or majority of the 
members of the assembly should be present. 

6. Where there is not a quorum present 
the committee should rise and report the 
fact to the assembly for its action. 

7. Where a proposition referred to the 
committee of the whole consists of several 
questions or progressions, the same should 
be considered separately, beginning with the 
first in number. After reading each it i3 
open to debate. 

8. In committee of the whole, privileged, 



SlJMMAKY OF GENERAL RULES. 147 

subsidiary, and incidental questions of a 
dilatory character are, in general, not recog- 
uized. 

9. The following general rules are laid 
down. 1. The previous question can not 
be moved in committee of the whole ; 2. 
The committee can not allow other com- 
mittees to adjourn to some time and place ; 
3. Every member can speak as often as he 
can obtain the floor ; 4. A committee of the 
whole can not refer a matter to another 
committee; 5. A committee of the whole 
has no authority to punish for a breach of 
order; matters of this kind should be referred 
to the assembly for action. 

10. Debate on questions may be deter- 
mined by a motion to close debate on the 
pending question. 

11. As a general rule dilatory motions 
are not practicable in a committee of the 
whole. 

12. When a committee of the whole 
desire to terminate their session it is done 
on motion that the committee rise and re- 
port progress. 

13. No formal record of the proceedings 
of the committee of the whole is required to 
be kept. It is sufficient to preserve a brief 
memorandum. 



148 Parliamentary Law. 



Appeals. 

1. If the decision of a presiding officer 
on a question raised is not satisfactory, any 
member may except to it and demand that 
it be decided by the assembly — called an ap- 
peal from the decision of the chair. 

2. On appeal the question is stated by the 
presiding officer, thus : " Shall the decision 
of the chair stand as the decision of the as- 
sembly," or "as the decision of the house?" 

3. On appeal from the decision of the 
chair the question is open to debate and is 
decided by the assembly the same as any 
other question. 

4. An appeal from a decision of the pre- 
siding officer may be taken at any time and 
moved even while another member has 
the floor. 

5. An appeal may be withdrawn by the 
member moving it. 

6. An appeal may be laid upon the table 
in the manner of other questions, which is 
considered a final disposition of the subject. 

7. Laying an appeal upon the table has 
been adopted as a mode of disposing of the 
subject without expressing an opinion upon 
it. 



Summary of General Rules. 149 



Debate. 

1. When any member desires to speak be 
is to stand up in his place and address him- 
self to the speaker. 

2. When a member stands up to speak, 
no question as a general rule is to be put to 
the assembly while he is speaking, but he is 
to be heard to the end of his remarks, unless 
the assembly overrule for some breach of 
order. 

3. Where two members rise to address 
the presiding officer at the same time, the 
member whose voice is first heard should be 
accorded the floor. 

4. If two or more members rise to speak 
at the same time, the presiding officer de- 
termines who was first up, subject to ap- 
peal, however, in the absence of any special 
rule to the contrary. 

5. Where a decision of the chair in ac- 
cording the floor to a member in case two 
or more rise at the same time is called in 
question, the question may be decided by 
taking the sense of the assembly thereon by 
appeal, as in other cases. 

6. In taking the sense of the assembly in 
the case aforesaid, the question should be first 
taken on the name of the member an- 
nounced by the presiding officer; if this is 



150 Parliamentary Law. 

lost, then it should be taken upon the mem- 
ber next in order claiming the floor. 

7. A member obtaining the floor for a 
particular purpose, as in case of the chair- 
man of a committee for the purpose of 
making a report, is not entitled to occupy 
the floor for any other purpose except by 
leave of the assembly. 

8 Before there can be any debate in a 
deliberative assembly, there must be some 
question properly pending, which is debat- 
able. 

9. A member who has the floor for any 
purpose, must yield the same to the presid- 
ing officer when he rises to give information 
or state a point of order. 

10. When a member who has the floor in 
debate is called to order, he must cease 
speaking and yield the floor until the ques- 
tion of order is decided. 

11. When a member who has the floor 
yields it to another, although temporarily 
with the understanding between them that 
he may resume it presently, he loses his 
right to resume it again, except by leave of 
the assembly. 

12. When a member in debate desires the 
reading of papers, he should send them to 
the clerk or secretary to be read. It is not 



Summary of General Rules. 151 

strictly in order for a member to read them 
himself from his place on the floor. 

13. It is a general rule that no member 
can speak more than once on the same prop- 
osition, but where amendments are proposed 
he may speak to each amendment. But a 
member may be permitted to speak again to 
clear a matter of fact, or merely explain 
himself in some material part of his 
speech. 

14. The presiding officer may have a 
right to speak of matters of order and be 
first heard, but noi otherwise, except by 
leave of the assembly. 

15. The presiding officer being a member 
of the assembly, may call some member to 
the chair, and on resuming his place on the 
floor may speak to a pending question the 
same as other members. 

16. No member is to speak impertin ently, 
tediously, or depart from the question 
pending. 

17. Members are not allowed in debate 
to reflect on any prior determination of the 
assembly, unless he intends to conclude 
with a motion to rescind it. 

18. While a proposition under considera- 
tion is undetermined, although it has been 
reported by a committee, reflections on it 
are no reflections on the assembly. 



152 Parliamentary Law. 

19. No member in speaking is to mention 
another member then present by his name. 

20. No member is to disturb another in 
his speech by hissing, coughing, or other 
like conduct. 

21. In case of disorder, if repeated calls 
do not produce order, the presiding officer 
may call by his name any member obsti- 
nately persisting in irregularity. 

22. Disorderly words on the part of a 
member are not to be noticed uutil he has 
finished his speech; then the person object- 
ing to them and desiring them to be taken 
down by the clerk must repeat them. The 
presiding officer may direct the clerk to 
take them down in his minutes, but if he 
thinks them not disorderly he may delay 
the direction. 

23. After disorderly w T ords are taken down 
by the clerk, the matter is open to the action 
of the assembly. 

24. When a member has spoken, or other 
business intervened after disorderly or of- 
fensive words spoken, such words cannot 
then be taken notice of for censure. 

25. Disorderly words spoken in a com- 
mittee must be written down as in the 
assembly, but the committee can only report 
them to the assembly for action. 

It is a breach of order in debate in legis- 



SUMMABY OF GeXEEAL KuLES. 153 

Iative assemblies to notice what has been 
said on the same subject in the other house, 
and the particular votes and majorities in 
the other. 

Neither house in legislative assemblies 
can exercise any authority over a member 
or officer of the other, but should complain 
to the house of which he is a member or 
officer. 

Penalty for misconduct of a member may 
be by repremanding, exclusion from the 
assembly, a prohibition to vote or speak 
for a specified time, or expulsion. 



Use of the Gavel. 

One rap of the gavel only should be given 
by the presiding officer in calling the as- 
sembly to order. 

One rap of the gavel is proper in announc- 
ing that any particular order of business 
is closed. 

One rap of the gavel may be given in 
commanding the attention of members for 
any purpose. 

One rap of the gavel should be given when 
declaring the assembly adjourned. 



INDEX. 



ADJOURNMENT— See Motion to Adjourn. 
General rules concerning 136 

AMENDMENT. 

Various modes of. 53, 59 

Filling blanks 53, 134 

Striking out 55, 134 

Striking out and inserting 56, 135 

Division of a proposition 56,135 

Amendment to an amendment 59 

Amendment of an amendment is an incidental 

question 61 

General rules concerning 133 

By inserting 134 

AMENDMENT BY INSERTING. 

Mode of proceeding 55 

General rules concerning 55, 56, 134 

AMENDMENT TO AN AMENDMENT. 

General rules concerning 59, 142 

Is an incidental question 61 

Proceeding in case of 62 

May be debated 93 

APPEALS. 

General rules concerning 82, 148 

From decision of presiding officer 82, So 

Mode of taking So 

Question open to debate 83, 14b 

Mode of putting question 143, 14b 

May be taken at any time 14b 

May be taken while another member has the floor.. 14o 

May be withdrawn 14 

May be laid on the table 14^ 

ASSISTANT SECRETARY. 
At public meetings 38 



156 INDEX. 

Page 
BARON. 
Is of Saxon origin 16 

BOARD OF SUPERVISORS— See County Boards. 

BREACH OF ORDER— See Debate. 
To speak of proceedings in the other house in de- 
bate 90 

BRITISH LEGISLATURE. 
Is composed of king, or queen, lords and commons 
11,13 

BRITISH PARLIAMENT. See Legislation in Parliament. 

History of. 11 

Originally consisted of the house of lords 11 

Enacting clause in bills 90, 101 

Peculiarities of legislation in 110 

CASTING VOTE. 
Rules concerning 95, 96 

CHAIRMAN. 

Must be one in deliberative assembly 26, 30 

Presiding officer when so called 35 

Chairman of committee call meeting to order 35 

Choosing at organization of public meeting 36 

Opening address of 36 

Proceeding by in organizing public meeting 37 

When should state object of the meeting 37, 38 

Should announce when meeting is fully organized... 40 
Mode of proceeding in putting motions and taking 

question -13, 46 

Of standing and select committees 69 

Of committee of the whole 74, 75, 76 

Appeal from decisions of. 82 

Privileges and duties of in debate 86, 88, 89 

Presides in deliberative assembly 122 

CHAIRMAN OF COMMITTEE. 
When should call meeting to order 35 

CITY COUNCILS. 
Parliamentary law applicable 34 

CLERK— See Recording Officer. 
Is recording officer in deliberative assembly 31, 122 



INDEX. i 57 

Page 
COMMITTEE. 
Motion to refer to proper motion to suppress propo- 
sition 48 

Prepare and report business 41 

General rules concerning 68, 73, 144, 148 

Committees are of three kinds 68 

Select committees 68 

Standing c >mmittees 68 

Committee of the whole 68 

Disorderly words in, proceeding 90 

COMMITTEES. See Committee. 

General rules concerning 144, 143 

Different kinds of. 144 

Standing and select 144 

Committee of the whole 145, 148 

COMMITTEE OF THE WHOLE. 

Of whom comprised 68 

Power and duties of. 73, 82 

Assembly may resolve itself into 74 

Mode of proceeding 74, 78 

Chairman, how appointed 75 

Clerk of. 75 

Meetings of. 76 

Quorum 76 

Meeting of, how adjourn 79 

No record of proceedings required 80 

Report of 81 

Disorderly words in, proceeding 90 

General rules concerning 145, 148 

COUNTY BOARDS. 
When parliamentary law applicable 34 

DEBATE. 

General rules concerning 83, 92, 149, 153 

Rule when member desires to speak 84 

Where two or more rise at same time presiding 

officer decides 84 

Decision may be appealed from 85 

Member to speak but once on same question 85 

Exception to foregoing 85 

When presiding officer may speak 86 

Member not to depart from question nor speak 

impertinently 86, 87 

Not to mention another member by name 87 

Members not to disturb another in his speech 87 



158 INDEX. 

Page 
DEBATE— Continued. 

When presiding officer may call member by name.... 88 

Disorderly words, proceeding on 88, 89 

Breach of order to mention proceedings in the 

other house 90 

Member should not be present in debate concern- 
ing himself 91 

Manner of obtaining the floor 124 

DECISION— Sec Appeals. 
Of presiding officer appeal from 82,85 

DELIBERATIVE ASSEMBLIES. 

Remarks concerning 22, 26 

Definition of. 22 

Ot the word assembly 22 

Difference between deliberative assembly and ex- 
ecutive board *. 22 

When rules of parliamentary law apply 23 

May be assembly of the people 23 

May be meeting of limited or select number of 

citizens 23 

Neglect, or departure from rules of proceeding 24 

Rules are protection to minorities 21, 25 

Essentials which mark deliberative assemblies 26 

Organization consists in election of officers 26 

Classification of officers 26 

General rules concerning 121 

Officers in 122 

DEPORTMENT OF MEMBERS. 

General rules concerning 106, 110 

Nicknames should be avoided 108 

DISORDERLY WORDS. 

l\i debate, proceeding on 88,89 

In committee, proceeding on 90 

DIVISION OF A PROPOSITION. 

Mode of proceeding 56 

General remarks concerning 56, 59, 135 

DIVISION OF THE HOUSE. 

When maybe called for 125 

Manner of taking 125 

When must be called for 126 

DOORKEEPER. 
In deliberative assemblies 20 



INDEX, 159 

Page 
EARL. 
Is of Saxon origin „ 16 

EXACTING CLAUSE. 
History of. 96 

ENACTING WORDS— See Enacting Clause. 
Origin of the term 97 

EXECUTIVE BOARD. 

What constitutes 22 

Rules for government of 22 

FEUDAL SYSTEM. 
House of Lords is outgrowth of 12 

FILLING BLANKS. 

Mode of proceeding in 53, 55 

General rules concerning 134 

FREE MASONS— See Free Masonry. 

Conduct proceedings under parliamentary law 34 

Parliamentary law applicable 115 

Origin and history of. 115 

FREE MASONRY— See Masonic Order, Masonic Lodges. 

Origin and history of 115, 116 

When interdicted in England 116 

Odd Fellows in imitation of 116 

GAVEL— See Use of the Gavel 

GENERAL RULES. 

Summary of. 121 

In motions and manner of proceeding 128, 130 

HOUSE OF COMMONS. 

Origin of. 12, 13 

Called lower house of parliament - 13 

Manner of voting in J10, 11.1 

HOUSE OF LORDS. 

Means the same thing as peers 11 

Is the second of three bodies composing legislature... 11 

Origin of 11 

Origin involved in obscurity 11 

Is of older date than Norman conquest 12 

Great council of early English chroniclers 12 



160 



HOUSE OF LORDS— Continued. 

Known as upper house of parliament 13 

Possesses judicial authority 14 

Trying cases of impeachment and its own members 

on indictment 1-1 

Points in which it differs from lower house of par- 
liament 14 

Lord Chancellor sits as speaker 14 

Sovereign sits in to open or dissolve parliament 14 

When the commons are summoned 14 

Bills affecting dignity of peerage must originate 

in 14, 15 

Members have right of voting by proxy 15 

Peers have privilege of dissent from any measure 15 

Peers of England have seats and votes in 17 

And so of Great Britain and United Kingdom 17 

Manner of voting in 110, 111 

INCIDENTAL QUESTIONS. 

Arise out of other questions 61, 128 

Decided before those which give rise to them 61, 128 

What are 61. 126, 127, 128 

In general not debatable 93 

General rules concerning 140 

INDEFINITE POSTPONEMENT. 

Subsidiary motion to suppress proposition 48 

Is decided without debate 50 

Removes question from before assembly 50 

Motion to postpone beyond session .". 50 

Not debatable 93 

JUDICIAL AUTHORITY. 
House of Lords possesses 14 

LANGUAGE OF PARLIAMENTARY LAW. 

General rules to be observed 112, 115 

blang phrases to be avoided 113 

What are proper terms to be used 113, 114 

LEGISLATION IN PARLIAMENT. 

Peculiarities of. 110, 111 

Bills, how engrossed 110 

When bills amended, rider 110 

How members vote in house of commons 110 

How members vote in house of peers 110 

The king's answer to bills 110 

When speaker is so called 110 

Mode of taking vote in house of commons Ill 



INDEX. 1 6 1 

Page 
LIE ON THE TABLE. 

A subsidiary motion to suppress proposition 48 

Proposition laid on the table can not be considered 

without vote to take it up 50 

When laid on the table may be taken up by vote of 

assembly 50 

Motion to take from the table not a privileged mo- 
tion 51 

Not recognized in some States of the Union 51, 52 

Equivalent motion is motion to postpone for the 

present 52 

Definition and use of 62 

Takes precedence of other subsidiary motions 63 

Not debatable 92 

When qualified, is debatable 93 

General rules concerning 130 

LIEUTENANT-GOVERNOR. 
Has casting vote « 95 

LORD CHANCELLOR. 
sits as speaker in house of Lords 14 

MAIN QUESTION. 
Under the previous question 49 

MAJORITY. 

Voice of in either house binds the whole 13 

Neglect or departure from rules throws power into 

hands of. 24 

Rules are a check en the action of „ 24 

MANNER OF PROCEEDING— See Motions. 
General rules concerning 128, 143 

MANNER OF PRESENTING BUSINESS. 

Right of members to present propositions 41 

By motion or resolution 41 

By report of committee 41 

General rules concerning 122, 126 

MASONIC LODGES. 

Parliamentary law in 115 

Authority of master 117 

No privileged questions in 118 

No motion to adjourn in 118 

What questions excluded 118 

Conduct proceedings in manner of deliberative 
assemblies 116 

11 



162 INDEX. 

Page 
MASONIC ORDER— See Masontc Lodges. 
Parliamentary law in .. 115 

MASS MEETING. ' 
What constitutes 23 

MAYOR OF CITY. 
When should call public meeting to order 35 

MEMORIAL. 

Definition of .. 123 

Differs from petition 123 

Presentation of 123 

MINORITY. 
Rules are a protection to 25 

MODERATOR. 
Presiding officer in religious meetings and town 
meetings 30 

MOTION— See Motions in General, Motion to Commit. 

Business presented by 41. 122 

Is a proposition of a member 42, 123 

Seconded by one member 42 

Presumed to be seconded 42, 129 

Seconding a matter of form 43 

Necessaiy for action on questions 43 

Manner of putting by chairman 43, 44 

When seconded, becomes property of the assembly... 44 

Can not be withdrawn except by leave 44, 125 

Vote on 45 

Division on vote may be called for 45 

Proceeding when division called for 46 

When tellers may be appointed 46 

After previous question, how disposed of. 49 

To postpone or lie mi the table 5U 

To postpone beyond session is indefinite postpone- 
ment 50 

Motion to take from the table. not a privileged mo- 
tion 51 

To amend, different modes ol 53 

To adjourn takes place of other motions 60 

Leave to withdraw is an incidental question 61 

Withdrawal of 61 

To postpone 63 

To commit - 63 

To amend 64 



INDEX. 163 

Page 
MOTION— Continued. 

Order of standing 64 

Example of, succession of , 64 

To adjourn not debatable 92 

To fie on the table not debatable 92 

For previous question not debatable 93 

For indefinite postponement not debatable 93 

For reading papers not debatable yd 

To take up particular subject not debatable 93 

Can not be made until member has the floor 124 

Not before assembly until stated 124 

Not before assembly until read 125 

Difference between" motion and question 126 

Required to be seconded 128 

Mode of seconding 129 

When member cannot occupy the floor for two 

motions 129 

To suppress a proposition 129 

MOTIONS IN GENERAL. 

When put to the assembly 47 

Subsidiary motions 47,48,126, i27 

Previous question 4s 

To lie on the table 48 

Indefinite postponement 43 

Postponement to iuture time 4s 

To refer to committee „ 48 

To amend 48 

Different kinds of motions 126 

Principal motion presumed to be always pending... 126 

MOTION TO ADJOURN. 
Not debatable 92 

MOTION TO AMEND. 

Nature of amendments 53 

Filling blanks 53, 55 

striking out 55 

Striding out and inserting 56 

Division of a proposition =6, 59 

Amendment to an amendment 59 

Order and standiugof 64 

MOTION TO COMMIT. 

Use and nature of this motion 52,53 

Motion to refer to select and standing committee 

may be pending at the same time 52 

Motion* to refer to standing cuinmitie takes prece- 
dence of motion to refer to select committee 52 



16i INDEX. 

Page 
MOTION TO COMMIT- Continued. 

Motion to refer to standing committee should be 
first put; part or whole of subject may be re- 
ferred 52 

Portions may be referred to different committees 52 

After motion to commit, motion to amend not in 
order 52 

When motion to commit may be amended by sub- 
stituting another committee 52 

Motion to refer to select committee may be amended 
as to number of committee 53 

On motion to commit the committee may be in- 
structed 53 

If motion to commit is carried, subject is removed 
from the assembly 53 

How maybe > mended 63 

Takes precedence of motion to amend 64 

General rules concerning 132 

MOTION TO POSTPONE. 
Is proper motion to consider proposition at future 

time 50 

Question postponed to time fixed when time ar- 
rives consideration is in order 50 

Is either indefinite or to time certain •. 63 

When treated like filling blanks 63 

For indefinite postponement not debatable 93 

To time certain is debatable 93 

ODD FELLOWS. 

Proceedings conducted under parliamentary law 34 

Had its rise in England following masonry 116 

In imitation of masonry 116 

Lodges, parliamentary law in 116 

OFFICERS. 

In deliberative assemblies 26, 122 

Presiding officer 27 

Recording officer 31 

At public meetings 35 

ORDERS OF THE DAY. 
Come thirdly in succession under privileged ques- 
tions 61 

Why so called 61 

General rules concerning 138, 110 



INDEX. Ib3 

Page 
ORGANIZATION OF PUBLIC MEETINGS. 

Mode of organizing 35, 40 

Choose presiding officer and secretary 34 

Meeting called to order 35 

Mode of calling meeting to order 36 

Mode of choosing officers 36,37 

Address of presiding officer, form of 36, note. 

stating object of meeting 37, 38 

Delegate convention, mode of proceeding 38, o9 

Temporary organization 3s, 39 

Completion of organization 40 

PARLIAMENTARY LAW. 

Origin and use of. 21,22 

Consists of rules recognized in deliberative assem- 
blies 21 

Why so called 21 

Adopted in legisla ive assemblies 21 

Standard of. 21, 22 

Applicable to town met tings 33 

When applicable to county board 34 

Applicaole to city and town councils 34 

Societies and secret orders 34, 115 

General rules concerning 121 

PARLIAMENT— See British Parliament. 

PEERAGE. 

Of Great Britain and Ireland, clas>ification of. 16 

Spiritual peers, who are 17 

In house of Lords all peers of England have seats 
and votes 17 

PEERS— See House of Lords. 

Various classes and rank of 15 

Of Scotland and Ireland 18 

Minors and Insane disqualified 19 

PETITION. 

Definition of 123 

Presentation of 123 

Difference from memorial 123 

POSTPONEMENT— See Indefinite Postponement— Motion to 
Postpone. 
General rules concerning 132 

POSTPONEMENT TO FUTURE TIME. 
A subsidiary motion to suppress proposition 48 



166 INDEX. 

Page 
PREAMBLE. 
Part of bill 97 

PRESIDENT— See Chairman. 

In deliberative assembly 29, 30, 122 

Presiding officer so called in large meetings 35 

PRINCIPAL MOTION. 
Definition of. 127 

PRESIDING OFFICER— See Chairman, President, Speaker. 

Must be one in deliberative assembly 20 

General duties of. 27, 80 

To open sessions of the assembly 27 

Announce business before the assembly 27 

Submit motions and propositions 27 

Put to vote questions 27 

Name members entitled to the floor in dtbate 27 

Restrain members and keep order 27, 28 

To receive messages and communications 28 

Authenticate acts, orders and proceedings 28 

Decide points of order 28 

Name members to serve on committees 29 

Represent and stand for the assembly 29 

Should rise to put a motion ". 29, 120 

Is styled president or chairman 29, 30 

In some instances styled moderator 30 

In popular branch of legislative assemblies styled 

speaker 30 

To announce results of votes or action of tbe as- 
sembly - 32 

Appeal from decsiou of. ,*-2 

When decision final 125 

PREVIOUS QUESTION. 

Is a subsidiary question 48 

A subsidiary motion to suppress proposition 48 

Practice and proceedings under 49 

Stands in equal degree with other motions, except 

to lie on the table 63 

Not debatable 93 

General rules concerning 131 

PRIVILEGED QUESTIONS 

What are 00, 120, 127. 128 

Orders of the day arc 61 

Are independent questions 1_<S 

Have no reference to main qms.ioii 12S 



INDEX. 167 

fPage 
PRIVILEDGED QUESTIONS— Continued. 

May be pending with main question 1 8 

General rules concerning 136 

PEOTEST. 
Meaning of in British parliament 15 

PUBLIC MEETINGS. 

General remarks concerning 33, 34 

Rules of parliamentary law apply 33 

County boards when parliamentary law applicable... 33 
In towns under township organization in New Eng- 
land and some other States 34 

City and town councils parliamentary law appli- 
cable 34 

Societies and secret orders parliamentary law ap- 
plicable 34 

Convening public meetings 34 

Organization of. 35, 40 

Choose presiding officer and secretary 35 

QUESTIONS. 

Order and succession of. 59 

Privileged questions 60 

Of privilege 60 

Incidental 61 

QUESTIONS NOT DEBATABLE. 
What questions are not debatable 92, 95 

QUESTIONS OF ORDER. 

Come under head of incidental questions 61 

What are 61 

General rules concerning 140 

QUESTIONS OF PRIVILEGE. 

Order and definition of CO 

In general not debatable 93 

General rules concerning 137 

QUORUM. 

In committee of the whole 76 

General rules concerning 122 

What constitutes 122 

Business cannot proceed without 122 

Number may be fixed by rules 122 

All questions determined by majority of. 122 



168 INDEX. 

Page 
READING PAPERS. 

Motions for 61 

Come under head of incidental questions 61 

May be called for by any member 61 

Motion for not debatable 93 

General rules concerning , 141 

RECONSIDERATION. 

Vote of assembly may be reconsidered 65 

Made in same manner as other motions 65 

Is of American origin 65 

Once decided is final 66 

Motion may be made by any member 66 

Proceedings under 65 

Whole subject open for debate 67 

General rules concerning 143 

RECORDING OFFICER. 

In deliberative assembly 31 

Election and duties of. 31, 33 

Is styled secretary or clerk ,. 31 

In large bodies usually styled secretary... ;. 31 

Duty to make entry of proceedings 31 

Read all papers coming before the assembly 31 

Call the roll of members 32 

Notify committees of their appointment 32 

Authenticate proceedings in connection with presi- 
dent 32 

Charged with custody of papers and journals 32 

Guided by presiding officer in recording proceed- 
ings 32 

Extent under control of presiding officer 32 

Shall stand while reading papers or calling the 



REPORT OF COMMITTEE. 

Manner of making 69 

Proceeding on making 72 

RESOLUTION. 

Business presented by 41 

Is a proposition in writing 123 

When offered motion not necessary 124 

Motion implied 124 

SECRETARY- See Recording Officer. 

Must be one in deliberative assembly 26, 122 

Is the recording officer in deliberative assembly 31 



169 



SECRETARY— Continued. 

Election of at public meeting 37 

When to count votes of the assembly 46 

SELECT COMMITTEE— See Committee. 
On motion to refer to standing and select commit- 
tee, former first put 52 

Motion to refer to select committee amended by 

changing number 53 

Are appointed for particular subject 68 

By whom appointed 68 

Who chairman of. 69 

Manner of making report 69 

Duties of 71 

Proceeding on making report 72 

Disorderly words in, proceeding 90 

SER GE A NT- AT- ARM S. 
In deliberative assembly 26 

SOCIETIES AND SECRET ORDERS. 

In general conducted under parliamentary law 34 

Parliamentary law in 115 

SPEAKER. 
Presiding officer in legislative assemblies so called... 30 

Origin of and why so called 30. Ill 

When appoints tellers Ill 

SPIRITUAL PEERS-See Peers. 
Of whom they consist 17 

STANDING COMMITTEES— &e Committee. 

When subjects should be referred to 52 

Motion to refer to standing and select, former first 

put 52 

Purposes of. 68 

By whom appointed 68 

Who chairman of 69 

Manner of making report 69 

Duties of .'. 71 

Proceeding on making report 72 

Disorderly words in, proceeding 90 

STRIKING OUT. 

Mode of proceeding on motion 55 

General rules concerning 134 



170 INDEX. 

Page 
STRIKING OUT AND INSERTING. 

Mode of proceeding on motion 56 

Motion may be divided 56 

General rules concerning 135 

STYLE. 
Of laws 98, 99, 100 

STYLE OF LAWS-See Style. 

SUBSIDIARY MOTION. 

Order and description of. 47, 48 

Those in common use 62,126,127 

Nature of. 127 

General rules concerning 129, 136 

SUBSIDIARY QUESTIONS— See Subsidiary Motion. 

Lie on the table 62 

Previous question 63 

Motion to commit 63 

Motion to amend ~ 64 

Definition of. -..- 127 

SUSPENSION OF A RULE. 

Is an incidental question 61 

Object and purpose of. 62 

General rules concerning 142 

TELLERS. 

When to be appointed 46, 47 

Mode of appointing 125 

When demanded 126 

TIE VOTE. 
Proceedings in case of. 95 

TOWN COUNCILS. 
Parliamentary law applicable 34 

TOWN MEETING. 
Parliamentary law applicable 33 

USE OF THE GAVEL. 

Had its origin in Masonic lodges 101 

Called common gavel or stone hammer 10*2 

An emblem of authority 102 

Number of raps in using 102, 103 

In case of noise or confusion 104 



171 



USE OF THE GAVEL— Continued. 

In calling assembly to order 103, 105 

Should not be held constantly in hand 105 

General rules concerning 153 

VICE-PRESIDENT. 

In deliberative assemblies 26 

At public meetings 3S 

Has casting vote 95 

WITHDRAWAL OF MOTION. 

Is allowed on leave 61 

General rules concerning 142 









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